Khodeeva v Chi Chung Yip
Motion No: 2010-04977
Slip Opinion No: 2011 NY Slip Op 70056(U)
Decided on April 14, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M118706

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-04977

Assol F. Khodeeva, et al., appellants,

v Chi Chung Yip, et al., respondents.

(Index No. 100596/09)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from an order of the Supreme Court, Richmond County, dated April 21, 2010. On December 29, 2010, the respondents filed a motion, inter alia, to strike the record. Pursuant to a stipulation of the parties dated January 19, 2011, the respondents, inter alia, agreed to withdraw the motion. By order to show cause dated March 10, 2011, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the Court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2) upon counsel for the respondents for failure to withdraw the motion, in light of the stipulation of the parties dated January 19, 2011.

Now, upon the order to show cause and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court