Opinion
Motion Nos. 2021-04081 2021-04086 2021-04102 Index No. 655802/19 Nos. 2020-04884 2021-04337
07-06-2023
Stephen Werther, et al., Plaintiffs-Appellants, v. Ellen Ressler Werther, also known as Ellen Werther, Defendant-Respondent. [And Another Action]
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Troy K. Webber, Justices.
Plaintiffs-appellant having moved for reargument/renewal of, the decision and order of this Court, entered on November 18, 2021 (Appeal No. 14432) [Motion No. 2021-04081], And defendant-respondent Ellen Ressler Werther having moved (1) for an order directing the Supreme Court to comply with the aforesaid decision and order, (2) for an order vacating the order of the Supreme Court dated November 22, 2021, (3) for an order directing the Clerk of the Supreme Court to enter summary judgment on defendant's counterclaim, and (4) for an order directing the escrow agent to promptly release the escrowed proceeds of the IRA to the Trust in accordance with said decision and order of this Court [Motion No. 2021-04086], And plaintiffs-appellants having cross moved, in response to defendant-respondent's motion, for an order disqualifying defendant's counsel in accordance with the Supreme Court's order disqualifying Ressler and Ressler from representing the Trust, dated August 10, 2021 [Motion No. 2021-04102], Now, upon reading and filing the papers with respect to the motions and cross-motion, and due deliberation having been had thereon,
It is ordered that the motions and cross-motion are denied.