| Roug Kang Wang v Hon |
| Motion No: 2019-00160 |
| Slip Opinion No: 2019 NY Slip Op 68561(U) |
| Decided on April 22, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M262108
E/mm
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
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2019-00160, 2019-01818 Roug Kang Wang, et al., appellants, v John Hon, et al., respondents, et al., defendants. (Index No. 12353/17)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order of the Supreme Court, Queens County, entered November 15, 2018, and an order to show cause of the same court dated November 27, 2018, in effect, to dismiss the appeal from the order entered November 15, 2018, on the ground that the appellant's appendix is inadequate, to dismiss the appeal from the order to show cause dated November 27, 2018, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order to show cause dated November 27, 2018, is granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal from the order entered November 15, 2018, is denied on condition that on or before May 22, 2019, the appellants serve and file a replacement appellant's appendix containing all of the papers filed in connection with the motion that resulted in the order entered November 15, 2018, including, but not limited to, the documents listed in Exhibit G annexed to the affidavit of Joseph Aronauer dated March 18, 2019, and serve and file a replacement brief that contains appropriate references to the replacement appellant's appendix; and it is further,
ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until June 21, 2019, and the respondents' brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court