| THOMAS HORNING, INDIVIDUALLY AND ON BEHALF OF J.B. WISE BLOCK, LLC, AND ITS MEMBERS DERIVATIVELY V J.B. WISE |
| Motion No: CA 24-01074 |
| Slip Opinion No: 2025 NY Slip Op 69327(U) |
| Decided on May 19, 2025 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01074
| THOMAS HORNING, INDIVIDUALLY AND ON BEHALF OF J.B. WISE BLOCK, LLC, AND ITS
MEMBERS DERIVATIVELY, PLAINTIFF-APPELLANT, V J.B. WISE PROFESSIONAL BUILDING LLC, VINA BONNER, JAMES M. BONNER, MARK J. BONNER
AND WILLIAM BONNER, DEFENDANTS-RESPONDENTS. |
Respondent Mark J. Bonner having moved for sanctions and other relief on the appeal taken herein from an order of the Supreme Court, Jefferson County, entered May 23, 2024,
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 denied.
Memorandum: Defendant's remedy regarding the contention that one or more documents have been omitted from the record on appeal is a motion in Supreme Court to resettle the record to include any document defendant alleges is missing. To the extent defendant may be dissatisfied with the result of such a motion in Supreme Court, the remedy would be an appeal from the order deciding the motion (see 22 NYCRR 1250.7 [g]; 1000.7 [b]; Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]; see also Meyer v Doyle Chevrolet, 234 AD2d 1016, 1016 [4th Dept 1996]).
Entered: May 19, 2025
Ann Dillon Flynn
Clerk of the Court