Opinion
Motion No: M-435
03-08-2018
An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about May 19, 2017, And defendants-appellants having moved: to hold plaintiff and his counsel in contempt of court and to sanction plaintiff's conduct; to relieve defense counsel; to refer the matter to a Special Referee to determine legal fees; to continue the stay granted by the order of this Court, entered November 2, 2017 (M-5300), and to enlarge the time to perfect the appeal,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 continuing the interim stay granted by the order of this Court, entered November 2, 2017 (M-5300), on condition the appeal is perfected for the September 2018 Term, and it is further, Ordered that that branch of the motion in which defense counsel requests to be relieved, is denied, with leave to renew, upon proof of service of the moving papers upon defendants and submission of documentary evidence that the law firm has communicated to defendants in writing that they seek to be relieved as counsel, and it is further, Ordered that the motion, to the extent it seeks to refer the matter to a Special Referee, is denied, without prejudice to further proceedings in Supreme Court. The motion is otherwise denied.
ENTERED: March 8, 2018
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Jeffrey K. Oing Peter H. Moulton, Justices
M-435
Index No. 152786/16