255 Butler Associates, LLC v 255 Butler, LLC
Motion No: 2018-03243
Slip Opinion No: 2018 NY Slip Op 86800(U)
Decided on October 23, 2018
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

M256798

E/afa

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-03243

255 Butler Associates, LLC, respondent,

v 255 Butler, LLC, et al., appellants.

(Index No. 511560/15)

DECISION & ORDER ON MOTION

Motion by the appellants to preclude the respondent from filing a brief on an appeal from an order of the Supreme Court, Kings County, dated February 21, 2018, for leave to reargue their prior motion to stay all discovery in the above-entitled action and for a preference in the calendaring of the appeal, which was determined by decision and order on motion of this Court dated April 18, 2018, and to impose a sanction upon the respondent.

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

ORDERED that the motion is denied.

DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court