| Melamed v Americare Certified Special Services, Inc. |
| Motion No: 2016-02524 |
| Slip Opinion No: 2017 NY Slip Op 61235(U) |
| Decided on January 17, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M224176
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2016-02524
Raisa Melamed, etc., et al., appellants, v Americare Certified Special Services, Inc., et al., respondents. (Index No. 503171/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 20, 2016, on the ground that the order is not appealable as of right as it does not affect a substantial right, and leave to appeal has not been granted, and to strike the record and the appellants' brief on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the record and the appellants' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court