Daniel Venture et al. v Preferred Mutual Insurance Company .

Motion No: M-2909

Slip Opinion No: 2019 NYSlipOp 76858(U)

Decided on August 6, 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.

August 6, 2019

Daniel Venture, et al.,

Plaintiffs-Appellants,

v

Preferred Mutual Insurance Company,

Defendant-Respondent.

An appeal having been taken by plaintiffs-appellants from an order of the Supreme Court, New York County, entered on or about April 10, 2019, (the "instant appeal") And a previous appeal having been taken by plaintiffs-appellants to this Court from an order of the Supreme Court, New York County, entered on or about January 21, 2016, (the "prior appeal") And an order of this Court having been entered on December 6, 2016, (M-4998), granting a stay of all discovery on condition that the appeal taken from the January 21, 2016 order of the Supreme Court be perfected for the April 2017 Term, and denying that branch of the motion seeking the production of certain in camera documents for review, without prejudice to plaintiffs-appellants seeking relief with respect to the submission of documents by defendant-respondent, under seal, as a supplemental record on appeal, And plaintiffs-appellants having moved for an order: (1) Directing defendant-respondent to produce certain documents submitted in camera to the Supreme Court, which are the subject of the instant appeal, under seal, and as a supplemental record on appeal, either by incorporating those already produced in the prior appeal or by having defendant produce a duplicate version;(2) Incorporating the Record on Appeal submitted in the prior appeal into the instant appeal; (3) Staying discovery in the underlying Supreme Court action; and related relief. Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that that branch of the motion seeking a stay of discovery is granted to the extent of staying the deposition of Peter Dodge, Esq., and the closing of discovery, or the requirement that a note of issue to be filed; and It is further ordered that that branch of the motion seeking production of in camera documents is granted to the extent of directing defendant-respondent to produce the in camera documents submitted to the Supreme Court, under seal, in a supplemental record to this Court, to the extent that they were not previously provided to this Court in the prior appeal. Defendant-respondent is directed to incorporate the Record on Appeal, submitted in the prior appeal, into the instant appeal. The time to perfect the appeal is, sua sponte, enlarged to the January 2020 Term. ENTERED: August 6, 2019

_____________________ DEPUTY CLERK

PRESENT :Hon. Judith J. Gische, Justice Presiding,Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-2909

Index No. 155587/14