Shatima Turner et al. v Owens Funeral Home Inc. et al. .

Motion No: M-5567

Slip Opinion No: 2017 NYSlipOp 62758(U)

Decided on January 3, 2017

Appellate Division, First 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.

January 3, 2017

Shatima Turner, et al.,

Plaintiffs-Appellants,

v

Owens Funeral Home, Inc., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about June 30, 2015, and said appeal having been perfected, And Owens Funeral Home and Andrew Cleckly, etc., "the funeral home defendants", having moved for dismissal of the aforesaid appeal or, in the alternative, for adjournment of the appeal (M-5568), And North Shore Long Island Jewish Medical Center, et al., "the LIJ defendants", having separately moved for dismissal of the aforesaid appeal or, in the alternative, to strike certain portions of the appendix and appellants' brief, or for other relief (M-5567), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are denied, without prejudice to raising substantive arguments upon hearing of the appeal. With respect to the appendix, the following portions are deemed struck from the record: (1) plaintiffs' order to show cause to reargue the venue motions dated August 31, 2015 (A. 138-140); (2) the attorney affirmation in support of plaintiffs' order to show cause (A. 141-169), and; (3) correspondence from counsel for the funeral home defendants to the trial court dated September 8, 2015 (A. 170). Plaintiffs-appellants are directed

(M-5568/M-5567)-2-January 3, 2017

to file a new brief, without reference to the aforementioned documents, on or before January 30, 2017, for the April 2017 Term, to which Term the perfected appeal should be adjourned. ENTERED: January 3, 2017

_____________________ CLERK

Present - Hon. Peter Tom,Justice Presiding, Rosalyn H. Richter David B. Saxe Judith J. Gische Ellen Gesmer,Justices

M-5567

M-5568

Index No. 20229/12