Opinion
Motion No. 2022-05208 Index Nos. 152735/19595278/19 Case Nos. 2022-01660 2022-03723
01-24-2023
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Saliann Scarpulla, Martin Shulman, Julio Rodriguez III, Bahaati E. Pitt-Burke, Justices.
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 January 26, 2022 (Case No. 2022-01660), and an appeal having been taken to this court by defendants-appellants-respondents from a judgment, same court, entered on or about July 27, 2022 (Case No. 2022-03723), and said appeals and cross appeal having been perfected on a single record and one set of briefs, And defendants-appellants-respondents Alonso, Andalkar & Facher, P.C., Mark J. Alonso, Esq. and Catania T. Facher, Esq. having moved for leave to amend the Record on Appeal to include NYCSEF Documents Nos. 414 through 424, as submitted to the trial court prior to the entry of judgment, and for leave to substitute references to the proposed amended Record on Appeal in their appellate briefs for references to the Record on Appeal that were the subject of plaintiff's motion to strike, which motion was granted by order of this Court entered January 12, 2023 (M-2022-04998),
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 denied.