| Beijing Teamsun Technology Co., Ltd. v International Business Machines |
| Motion No: 2022-03562 |
| Slip Opinion No: 2023 NY Slip Op 61268(U) |
| Decided on January 30, 2023 |
| 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
M287110
AFA/
MARK C. DILLON, J.P.
REINALDO E. RIVERA
JOSEPH J. MALTESE
HELEN VOUTSINAS, JJ.
|
2022-03562 Beijing Teamsun Technology Co., Ltd., et al., appellants, v International Business Machines Corporation, et al., respondents. (Index No. 62537/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated March 23, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and for leave to file stated portions of the record under seal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are, in effect, to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, and on or before February 14, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to file certain material under seal is granted to the extent that the appellants shall file a separate volume or volumes of the record or appendix containing the OEM agreement, filed in the Supreme Court, Westchester County, which shall be marked confidential, and that volume or those volumes of the record or appendix may not be viewed by the public, but may be viewed by the parties to the appeal, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material, and the appellants shall file a separate volume or volumes of the record or appendix containing the remaining material filed in connection with the appeal which shall not be marked confidential, and that branch of the motion is otherwise denied.
DILLON, J.P., RIVERA, MALTESE and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court