| 41st Road Properties, LLC v Wang Real Property, LLC |
| Motion No: 2020-05635 |
| Slip Opinion No: 2023 NY Slip Op 74505(U) |
| Decided on October 4, 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
M291422
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
BARRY E. WARHIT, JJ.
|
2020-05635 41st Road Properties, LLC, respondent, v Wang Real Property, LLC, et al., appellants, et al., defendants. (Index No. 704061/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated June 22, 2020. Motion by the respondent to impose a sanction upon appellants and their counsel for filing a frivolous appeal. Separate motion by the respondent for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion to impose a sanction and the papers filed in opposition thereto, and upon the papers filed in support of the motion for a preference and no papers having been filled in opposition or in relation thereto, it is
ORDERED that the motion to impose a sanction upon appellants and their counsel is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion for a preference in calendaring the appeal is denied.
DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court