Opinion
Motion No: M-1003
04-02-2019
Dmitry Markov, Plaintiff-Appellant-Respondent, v. Malcom Katt, Defendant-Respondent-Appellant.
Separate appeals having been taken to this Court by plaintiff-appellant-respondent and defendant-respondent-appellant from an order of the Supreme Court, New York County, entered on or about April 2, 2018, and plaintiff-appellant-respondent having perfected his appeal, And defendant having moved for an order pursuant to 22 NYCRR 1250.10(c) vacating the dismissal of his appeal, and upon reinstatement, supplementing the record on appeal to include his timely filed notice of appeal, and adjourning the perfected appeal taken by plaintiff to the May 2019 Term of this Court, And an order of a Justice of this Court, dated January 28, 2019, having adjourned the perfected appeal by plaintiff to the May 2019 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, defendant's appeal reinstated, and the time to perfect same enlarged to the September 2019 Term, to which Term plaintiff's appeal is adjourned. Defendant is directed to supplement the record on appeal with his notice of appeal dated April 16, 2018, a copy of which is attached to the moving papers as Exhibit A, to be filed in accordance with 22 NYCRR 1250.9, within seven days of the date hereof. If defendant so perfects, the Clerk is directed to place the appeals on the calendar for the same day of the September 2019 Term.
ENTERED: April 2, 2019
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Cynthia S. Kern Anil C. Singh, Justices
M-1003
Index No. 156493/15