Opinion
2022-61574 Motion 2022-00135
02-10-2022
Kurland & Associates, P.C., doing business as The Kurland Group, Plaintiff-Respondent-Appellant, v. Glassdoor, Inc., Michalina Shuter and Jane/John Doe, Defendants-Appellants-Respondents Index No. 162083/18 Nos. 2021-02776, 2021-03169
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Judith J. Gische, Presiding, Justices, Troy K. Webber, Jeffrey K. Oing, Manuel J. Mendez, Bahaati E. Pitt, Justice.
An appeal and cross-appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 29, 2021 (Case No. 2021-02776), and the appeal having been perfected, And an appeal having been taken by plaintiff from an order, same court, entered on or about July 23, 2021 (Case No. 2021-03169), And plaintiff-respondent-appellant having moved to: (1) strike defendants-appellants-respondents' inclusion of Case No. 2021-03169 in the record of Case No. 2021-02776 pursuant to CPLR 2001 and 22 NYCRR 1250.9; (2) grant a preference to Case No. 2021-02776 in the calendaring of the appeal, (3) withdraw respondent's brief and appendix for future filing in this matter, (4) extend the time for plaintiff to perfect the appeal under Case No. 2021-03169 until sixty days after this Court decides this motion, and (5) award it costs, 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 is granted to the extent of striking from the joint appendix all documents pertaining to plaintiffs appeal from the July 23, 2021 order (Case No. 2021-03169). Defendants are directed to file a replacement appendix on or before February 22, 2022 for the May 2022 Term which omits the documents pertaining to Case No. 2021-03169. The Clerk is directed to calendar the appeal under Case No. 2021-02776 to be heard during said May 2022 Term. Respondents brief and appendix, filed on January 05, 2022, shall be deemed filed except that plaintiff is permitted to remove all references to Case No. 2021-03169. Plaintiff is granted an extension of time to perfect the appeal from the July 23, 2021 order (Case No. 2021-03169) to the September 2022 Term, without prejudice to defendants' raising any arguments in opposition. The motion is otherwise denied.