Opinion
Motion No: M-3793
10-29-2019
An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about April 5, 2018, which denied defendant-appellant's motion for summary judgment as untimely, and said appeal having been perfected,And plaintiff-respondent having moved for leave to file a supplemental record on appeal to include the decision and order of the same court, dated June 27, 2019, which, upon granting reargument, denied defendant-appellant's motion for summary judgment on the merits, and for an adjournment of the aforesaid appeal, 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 permitting plaintiff-respondent to file a supplemental record to include the aforesaid decision and order (Exh. B to the moving papers), and adjourning the appeal to the May 2020 Term, without prejudice to an application to consolidate the perfected appeal with any future appeal, if so advised.
ENTERED: October 29, 2019
__________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing, Justices
M-3793
Index No. 24069/13