Opinion
Motion Nos. 2023-01106 2023-01242 Index No. 115106/04 Case Nos. 2022-02299 202204681
04-18-2023
Constantina Papageorgiou as Special Limited Guardian of Luis Casas, Plaintiff-Respondent, v. Consolidated Edison Company of New York, Inc., Defendant-Respondent, Schwartz Goldstone Campisi & Kates, LLP, Non-party Appellant. v. The Flomenhaft Law Firm, PLLC, et al., Non-party Respondents, H.Q. Nguyen, Esq., Non-party Intervenor Respondent.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Jeffrey K. Oing, David Friedman, Martin Shulman, Bahaati E. Pitt-Burke, Justices.
Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about May 16, 2022 (Case No. 2022-02299) and from an order of the same Court and Justice, entered on or about September 26, 2022 (Case No. 2022-04681), and said appeals having been perfected on a single record and set of briefs, And non-party respondent The Flomenhaft Law Firm having moved to dismiss the aforesaid appeals, or, in the alternative, for an order granting an extension of time to file a respondent's brief and sealing the records and briefs filed in connection with the appeals in accordance with an order entered by Supreme Court on or about January 13, 2023 order and a stipulation of the parties "so ordered" by Supreme Court on or about May 15, 2019 that required certain documents to be sealed to the extent they would be reproduced on appeal or in further proceedings, and directed that certain information contained therein be redacted (Motion No. 2023-01106), And non-party intervenor respondent H.Q. Nguyen having cross moved to dismiss the appeals (Motion No. 2023-01242), Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon, It is ordered that the motion by non-party respondent The Flomenhaft Law Firm is granted to the extent of directing non-party appellant Schwartz Goldstone Campisi & Kates, LLP to file a corrected Record on Appeal in which the documents that were the subject of the order entered by Supreme Court on or about January 13, 2023 and the stipulation of the parties "so ordered" by Supreme Court on or about May 15, 2019, are redacted as required by said order and stipulation, and to file a separate, sealed, volume of the Record on Appeal containing unredacted versions of said documents; the perfected appeals are adjourned to the October 2023 Term of this Court, and the motion is otherwise denied, without prejudice to raising the arguments contained therein directly on appeal (Motion No. 2023-01106), and
It is further ordered that the cross-motion by non-party H.Q. Nguyen, Esq. to dismiss the appeals is denied, without prejudice to raising the arguments contained therein directly on appeal (Motion No. 2023-01242).