Opinion
Motion No. 2023-04163 Index No. 153436/22Case No. 2022-05698
10-31-2023
Gina Robinson, Plaintiff-Appellant-Respondent, v. Fashion District Dental, et al., Defendants-Respondents, Dr. David Stein, DMD, and Dr. Jay Rashbaum, DMD, Defendants-Respondents-Appellants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Anil C. Singh, Justice Presiding, Lizbeth González Tanya R. Kennedy 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 December 12, 2022, and the appeal having been perfected, And an order of this Court entered on August 31, 2023 having granted the motion of defendant-respondent Justin Rashbaum, D.M.D., individually and doing business as Fashion District Dental, to strike plaintiff-appellant-respondent's record on appeal and appellant's brief, to the extent of directing plaintiff to re-file a record containing only filings made in connection with the motions decided by the order on appeal, and to re-file a brief omitting references to any of the stricken materials, in accordance with the time limitations for the January 2024 Term of this Court (Motion No. 2023-03419), And plaintiff-appellant-respondent, pro se, having moved for an order (1) settling the Record on Appeal for all parties to include the motions filed under motion sequence numbers 1 through 6, with their related papers; (2) granting plaintiff-appellant-respondent leave to appeal for said relief to the Appellate Term; (3) reinstating the brief and Record on Appeal as submitted on June 08, 2023 (NYSCEF doc. nos. 15, 27-30); (4) taking judicial notice of the requested documents, including all motions filed under motion sequence numbers 1 through 6, with their related papers; and/or (5) staying proceedings in this Court for 60 days,
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 only to the extent of adjourning the appeal to the March 2024 Term of this Court, and is otherwise denied.