Opinion
Motion No: M-3518
09-17-2019
Burton S. Sultan, Plaintiff-Appellant, v. Michael H. Zhu, Esq., et al., Defendants-Respondents.
Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about August 28, 2018 and February 19, 2019, and said appeals having been perfected, And defendants-respondents having moved to strike plaintiff-appellant's appendix, for an enlargement of time for defendants-respondents to file a respondent's brief, and for a stay of proceedings pending hearing and determination of the instant motion, 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 December 2019 Term. Further, all references in plaintiff-appellant's brief to plaintiff's motion for leave to reargue as well as the order entered on or about February 19, 2019 are stricken, and pp. 15-22, and pp. 923-1073 are stricken from the Appendix. Sua sponte, the appeal from the order entered on or about February 19, 2019 is dismissed as having been taken from a non-appealable order. The motion is otherwise denied.
ENTERED: September 17, 2019
__________ CLERK
Present - Hon. Angela M. Mazzarelli,Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices
M-3518
Index No. 101402/17