Opinion
Motion No: 2019-01010 SC
03-05-2021
Randy J. Schaefer, Esq., etc., Respondent, v. BE4, LLC, Bruce Engel and Jureli, LLC, Appellants, and The Coalition of Landlords Homeowners and Merchants, Inc., Nonparty-Appellant.
TIMOTHY S. DRISCOLL
HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the District Court of Suffolk County, Third District, entered May 1, 2019. Appellants move for an order: 1) to compel the District Court to transmit the file to this court and make it available to appellants for inspection and copying; 2) vacating the decision and order of the District Court awarding costs to the respondent; 3) removing Judge Hackeling from this matter and from all matters involving non-party appellant The Coalition of Landlords, Homeowners and Merchants, Inc.; and 4) to continue the stay pending appeal granted by decision and order on motion of this court dated August 2, 2019 and extended by decision and order on motion of this court dated January 24, 2020.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion to compel the District Court to transmit the file to the Appellate Term is granted and the court shall file the return within 15 days of the date of this Decision & Order on Motion; and it is further,
ORDERED that the branches of the motion seeking to vacate the award of costs and to remove Judge Hackeling from the case are denied; and it is further,
ORDERED that the branch of the motion to continue the stay is granted on condition the appellants perfect the appeal on or before May 7, 2021; and it is further,
ORDERED that in the event the appeal is not perfected by May 7, 2021 the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellants in person.
ENTER:
Paul Kenny
Chief Clerk