Francisco Romero et al. v Xcellent Car Wash & Express Lube et al.

Motion No: M-5149

Slip Opinion No: 2018 NYSlipOp 88609(U)

Decided on November 15, 2018

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.

November 15, 2018

Francisco Romero, et al.,

Plaintiffs-Appellants,

v

Xcellent Car Wash & Express Lube,

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 21, 2018, and said appeal having been perfected, And defendants-respondents having moved to strike pages 240-306 of the record on appeal, including striking any references in plaintiffs-appellants' brief related thereto, to adjourn the appeal, and for other relief (M-4465), And plaintiffs-appellants having cross-moved to enlarge

the record on appeal to include the transcript of a deposition of a Patrick Yi (M-5149), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-4465) is denied, and the cross motion (M-5149) is denied, as unnecessary. ENTERED: November 15, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Peter H. Moulton,Justices

M-5149

M-4465

Index No. 27482/16E