Appellate Division: Second Judicial Department

M227473

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2015-03460 ATS One Holdings Corp., respondent, v Cirilo Rodriguez, et al., appellants. (Index No. 24566/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 21, 2015, insofar as taken by the appellants Biombo, Inc., and 146-148 Cortland Street, LLC, on the ground that those appellants are not aggrieved by the order dated January 21, 2015, to recalendar the appeal only insofar as taken by the appellants Cirilo Rodriguez and Dashley Realty, Inc., and to impose a sanction upon the appellants and their attorney.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to dismiss the appeal insofar as taken by the appellants Biombo, Inc., and 146-148 Cortland Street, LLC, and to impose a sanction upon the appellants and their attorney are 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 branch of the motion which is to recalendar the appeal only insofar as taken by the appellants Cirilo Rodriguez and Dashley Realty, Inc., is denied as the appeal by all of the appellants will be recalendared.

BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court