Opinion
Motion No: M-1848
06-18-2019
N.N. Simpson, David Packer, Maureen Packer, Tony Maddox, Amanda Levy, Andrew Ockenden and Christine Martinez on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. 16-26 East 105, LLC and Beach Lane Management, Inc., Defendants-Respondents.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about February 6, 2019, and the appeal having been perfected, And defendants-respondents having moved to dismiss the aforesaid appeal, without prejudice to plaintiffs-respondents timely perfecting same upon a proper record and brief, and for a stay of the time to file a respondent's brief, And the perfected appeal having been adjourned to the September 2019 Term by order of a Justice of this Court, dated April 2, 2019, 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 that pages 7-29 and 392-403 of the record on appeal, and pages 29-30 of plaintiffs' appellate brief, are deemed stricken, and plaintiffs are directed to file a supplemental record containing a settled transcript of the oral argument and decision on the record of February 5, 2019, and defendants' memorandum of law in opposition to plaintiffs' motion for class certification, dated July 13, 2018, at their own expense, within 20 days of the date of entry of this order. The motion is otherwise denied.
ENTERED: June 18, 2019
__________ CLERK
Present - Hon. David Friedman,Justice Presiding, Peter Tom Barbara R. Kapnick Marcy L. Kahn,Justices
M-1848
Index No. 160737/17