Roug Kang Wang v Hon
Motion No: 2019-00160
Slip Opinion No: 2019 NY Slip Op 80233(U)
Decided on September 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266056

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-00160

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 to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 15, 2018, on the ground that it has been rendered academic or, in the alternative, to strike stated portions of the appellants' appendix and the appellants' brief on the ground that they contain or refer to matter dehors the record. Separate motion by the respondents, inter alia, for the Court to take judicial notice of certain material.

Upon the papers filed in support of the motion, inter alia, to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, for the Court to take judicial notice and no papers having been filed in opposition or in relation thereto it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellants' appendix and the appellants' brief and the motion, inter alia, for the Court to take judicial notice of certain material are denied as academic.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court