PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.

CA 19-02362

MOMENTUM AUTOMOTIVE MANAGEMENT, LLC, MAVERICK AUTO GROUP 2, LLC, VALLEJO IMPORTS, LLC, FAIRFIELD IMPORTS, LLC, FAIRFIELD IMPORTS TWO, LLC, FAIRFIELD IMPORTS THREE, LLC, FAIRFIELD CJD, MOMENTUM AUTO GROUP, INC., AND RAHIM HASSANALLY, PETITIONERS-APPELLANTS, V RADIUM2 CAPITAL, INC., RESPONDENT-RESPONDENT.

Respondent having moved on the appeals taken herein from an order of the Supreme Court, Erie County, entered November 25, 2019, to dismiss the appeals of all appellants other than Rahim Hassanally on the ground that Rahim Hassanally and his counsel lack authority and standing to proceed on behalf of those appellants, to dismiss the appeals, pursuant to CPLR 5526, on the ground that appellants failed to file most of the record relied upon by Supreme Court, to dismiss the appeals, pursuant to CPLR 5511, on the ground that appellants are not aggrieved by Supreme Court's order; and to award respondent attorneys' fees and costs 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 hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeals of Maverick Auto Group 2, LLC, Vallejo Imports, LLC, Fairfield Imports, LLC, Fairfield Imports Two, LLC, Fairfield Imports Three, LLC, and Fairfield CJD on the ground that Rahim Hassanally and his counsel lack authority or standing to proceed on their behalf, and those appeals are hereby dismissed, and

It is further ORDERED that the motion is otherwise denied inasmuch as it seeks to dismiss summarily the surviving appeals prior to oral argument, and

It is further ORDERED that the motion is otherwise denied.

Entered: March 8, 2021

Mark W. Bennett

Clerk of the Court