Opinion
2021-04113 Index 156759/17
02-24-2022
2138747 Ontario Inc., Plaintiff-Appellant, v. Lehman Brothers Holdings, Inc., Defendant-Respondent. Motion No. 2021-04113 No. 2021-02746
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Cynthia S. Kern Ellen Gesmer Tanya R. Kennedy Julio Rodriguez III, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 29, 2021, and said appeal having been perfected, And defendant-respondent having moved, inter alia, for an order: adjourning the appeal and granting defendant leave to file a supplemental record on appeal; granting defendant costs incurred in preparing the supplemental record and for reasonable attorneys' fees in connection with this motion; or, in the alternative, lifting the stay of enforcement of the order on appeal, which was granted on condition the appeal be perfected for the January 2022 Term, and/or to dismiss the appeal in its entirety as the appeal was not perfected for the January 2022 Term, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent of permitting defendant leave to file, at its own expense, with costs to abide the appeal, the supplemental record containing the 10 NYCEF documents listed in paragraph 9 of, and annexed as Exhibit G to, its affirmation in support. The motion is otherwise denied, the appeal having been adjourned to the April 2022 Term by order of a Justice of this Court, dated January 18, 2022.