| Fillas Restaurant Group, LLC v Vendome |
| Motion No: 2025-00806 |
| Slip Opinion No: 2025 NY Slip Op 65287(U) |
| Decided on March 24, 2025 |
| 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
M303808
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2025-00806 Fillas Restaurant Group, LLC, etc., plaintiff- appellant, v Michael Vendome, et al., defendants- respondents, Vendome Hospitality, LLC, defendant third-party plaintiff-respondent; Elias Fillas, et al., third-party defendants-appellants. (Index No. 708038/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated December 12, 2024. Motion by Fillas Restaurant Group, LLC, Elias Fillas, and Christopher Fillas, to deem the notice of appeal to reflect that Fillas Restaurant Group, LLC, Elias Fillas, and Christopher Fillas, are the appellants, and to stay enforcement of stated portions of the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that Fillas Restaurant Group, LLC, Elias Fillas, and Christopher Fillas, are the appellants is granted, the notice of appeal is deemed to reflect that Fillas Restaurant Group, LLC, Elias Fillas, and Christopher Fillas, are the appellants (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of stated portions of the order is granted to the extent that so much of the order as disqualifies the law firm Sacco and Fillas, LLP from representing Fillas Restaurant Group, LLC, Elias Fillas, and Christopher Fillas, is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 23, 2025, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 23, 2025, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court