Joseph Gaudio and Tiffany Gaudio v Leslie Harris and Pamela Harris et al.

Motion No: M-1204

Slip Opinion No: 2019 NYSlipOp 66463(U)

Decided on March 28, 2019

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.

March 28, 2019

Joseph Gaudio and Tiffany Gaudio,

Plaintiffs-Appellants,

v

Leslie Harris and Pamela Harris,

et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about December 10, 2018, and said appeal having been perfected, And defendants-respondents having moved for 1) dismissal

of the aforesaid appeal based upon the parties' execution of a general release in favor of the Harris defendants and a Stipulation of Discontinuance with prejudice, and 2) for the imposition of sanctions for frivolous conduct pursuant to

22 NYCRR 130-1.1, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied, without prejudice to defendants-respondents addressing the issue directly on appeal. Sua sponte, it is ordered that the instant appeal be placed on the same day calendar as the appeals pending in Gaudio, et al. V The Grabler Building Condominium, et al. (Index No. 153998/16 [Cal. Nos. 1131, 1221, and 1613]) for the June 2019 Term. ENTERED: March 28, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Barbara R. Kapnick Troy K. Webber Ellen Gesmer,Justices

M-1204

Index No. 150982/16