Opinion
Motion No: M-5444
12-27-2018
B & H Florida Notes LLC, Plaintiff-Respondent, v. Alexander Ashkenazi, Defendant-Respondent, Amit Louzon, Defendant-Appellant, "John Doe No. 1" to "Jane Doe No. 10", inclusive, the last ten names being fictitious and/or unknown to plaintiff, the persons or parties intended being the persons or entities, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about March 6, 2018, and said appeal having been perfected, And plaintiff-respondent having moved for an order dismissing the appeal or, in the alternative, striking defendant-appellant's appendix on appeal, adjourning the time to file a respondent's brief and awarding sanctions and costs against defendant-appellant,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 striking the appendix on appeal and adjourning the perfected appeal to the April 2019 Term. Defendant-appellant is directed to file a new appendix containing only those exhibits that were submitted to Supreme Court on the motion related to the order entered on or about March 6, 2018. Plaintiff-respondent is granted leave to file a supplemental appendix, containing the oral argument transcript of the proceeding held on February 27, 2018, if so advised, at its own expense. The motion is otherwise denied.
ENTERED: December 27, 2018
_____________________ CLERK
Present - Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Peter Tom Ellen Gesmer Cynthia S. Kern,Justices
M-5444
Index No. 850263/13