Opinion
Motion No: M-1311
04-18-2017
An appeal having been taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about September 18, 2015, and said appeal having been perfected for the June 2017 Term, And, defendant-respondent having moved for dismissal of the plaintiffs' appeal, or in the alternative, adjourning the time to file a respondent's brief, 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 adjourning the appeal to the September 2017 Term. Sua sponte, the appeal is deemed to be one from the judgment entered on or about October 26, 2015, bringing up for review the order entered September 18, 2015. Plaintiffs-appellants are directed to serve and file, within 10 days of the entry of this order, a supplemental appendix which consists of the judgment entered October 26, 2015, and related papers as set forth in Exhibit B to defendant-respondent's motion papers.
The motion is otherwise denied.
Entered: April 18, 2017
_____________________ CLERK
Present: Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Ellen Gesmer, Justices
M-1311
Index No. 108004/09