Opinion
Motion No. 2023-01335 Index No. 850141/19 Case Nos. 2022-00361 202202526
05-02-2023
B and H Florida Notes LLC, Plaintiff-Respondent-Appellant, v. Alexander Ashkenazi, et al., Defendants, W89D5 LLC, Defendant-Appellant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Acting Presiding Justice, Ellen Gesmer Peter H. Moulton Saliann Scarpulla John R. Higgitt, Justices.
An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, entered on or about February 08, 2022 (Case No. 2022-02526), and a related appeal having been taken to this Court from an order of the same court, entered on or about November 04, 2021 (Case No. 2022-00361) and said appeals and cross appeal having been perfected, separately, And plaintiff-respondent-appellant having moved under Case No. 2022-02526 to strike from defendant-appellant W89D5 LLC's brief: Point II (A)(ii)(c-e), (B), and (D) on the ground that the arguments raised therein were not raised before the Supreme Court; to strike the portion of the record relating to motion sequence 001, as it relates to the appeal taken under Case No. 2022-00361; to extend plaintiff's time in which to file a respondent's brief in connection with this motion; to enlarge the record on appeal to include NYCSEF Doc. No. 166 which was considered by the Supreme Court and; to grant costs, disbursements, attorney's fees and any sanctions this Court deems just and proper, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion, to the extent it seeks to strike portions of the appellant's brief and the joint record, and to enlarge the joint record to include certain material, and for costs and sanctions, is denied; that branch of the motion seeking an extension of time to file a respondent's brief is denied as moot.