Opinion
Motion No: M-5441
11-27-2018
Sondra Neuschotz, Plaintiff-Respondent, v. Nilson Neuschotz, Defendant-Appellant, -and- Robert G. Smith, PLLC, Non-Party Appellant.
A joint appeal having been taken by defendant-appellant and non-party appellant from an order of the Supreme Court, New York County, entered on or about July 25, 2017, and said appeal having been perfected, And non-party appellant having moved (M-5407) for an order (1) extending its time to file a corrected appendix by 90 days; (2) declaring that the transcripts dated May 10, 2016, January 23, 2017, January 24, 2017, January 31, 2017, February 6, 2017, February 27, 2017, June 28, 2017, June 30, 2017, July 10, 2017, July 12, 2017, and July 19, 2017 comply with CPLR 5525; and (3) directing plaintiff-respondent's counsel, Blank Rome, LLP, to disclose and produce any other hearing transcripts in it's possession within 30 days, And plaintiff-respondent having cross-moved (M-5441), pursuant to CPLR 5528(a)(5) and the Rules of this Court, for an order dismissing non-party appellant's appeal on the ground that non-party appellant has stated his intent to file a deficient appendix, in violation of the order of this Court entered on September 25, 2018 (M-4276/M-4329),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-5407) is granted to the extent of directing plaintiff-respondent's counsel, Blank Rome, LLP, to submit the trial transcripts dated February 28, 2017, March 7, 2017, March 13, 2017 and July 18, 2018 to non-party appellant by December 31, 2018. Non-party appellant is directed to file a supplemental appendix with those transcripts on or before January 28, 2019 for the April 2019 Term, to which Term the perfected appeal is adjourned. It is further ordered that the cross motion (M-5441) to dismiss non-party appellant's appeal is denied.
ENTERED: November 27, 2018
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Peter Tom Peter H. Moulton, Justices
M-5441
M-5407
Index No. 311514/09