Opinion
M-248
03-05-2019
Grace Glueck, Plaintiff-Appellant, v. Starbucks Corporation and Partnership 92 West, L.P., Defendants-Respondents.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about October 31, 2018, and said appeal having been perfected, And defendant-respondent Partnership 9 West, L.P. having moved to dismiss the appeal as against them or, in the alternative, for an extension of time to file a respondent's brief (M-64), And plaintiff-appellant having moved for a calendar preference in the hearing of the appeal (M-248), 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 plaintiff's motion for a calendar preference (M-248)is granted to the extent that the Clerk of the Court is directed to maintain the appeal on the calendar for the June 2019 Term, and it is further,Ordered that the branch of defendant Partnership 9 West, L.P.'s motion (M-64) seeking to dismiss the appeal is denied, and, sua sponte, the notice of appeal, dated December 6, 2018, is deemed a premature notice of appeal from the subsequent judgment of said court, entered on or about January 18, 2019. Plaintiff-appellant is directed to file for the June 2019 Term a supplemental record, which shall include a copy of the January 18, 2019 judgment and the notice of appeal therefrom. The branch of the motion seeking an extension of time to file a respondent's brief is granted to the extent of adjourning the appeal to the June 2019 Term.
ENTERED: March 5, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Marcy L. Kahn Ellen Gesmer, Justices
M-248
M-64
Index No. 154685/16