Opinion
Motion Nos. 2021-05403 2021-08041 Index No. 523/2016
06-15-2022
Paula Rendon, respondent, v. White Castle Systems, Inc., et al., appellants. Paula Rendon, respondent, v. White Castle Systems, Inc., et al., appellants.
Unpublished Opinion
MOTION DECISION
M283454 MB/
ANGELA G. IANNACCI, J.P. JOSEPH A. ZAYAS, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeals from an order of the Supreme Court, Kings County, dated July 26, 2021, and a judgment of the same court entered October 18, 2021. Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment, or in the alternative, to dismiss the appeal on the ground that the appellant has filed an improper record, or in the alternative, to strike certain portions of the appellant's brief and record, to limit the scope of the appeal from the judgment to the issue of damages only, and to extend the time to serve and file a brief on the appeal from the order. Cross motion by the appellants to calendar the appeals together.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal from the order, to strike certain portions of the appellant's brief and record, and to limit the scope of the appeal from the judgment are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief on the appeal from the order is granted, and on or before August 15, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the cross motion is granted and the appeals will be argued or submitted on the same date.
IANNACCI, J.P., ZAYAS, GENOVESI and FORD, JJ., concur.