Opinion
2021-76295 2021-02663 Motion Nos 2021-3902 2021-04050
12-21-2021
Griffon Loring LLC, Plaintiff-Appellant, v. Amethyst ALT Asset Fund 2016 LLC, et al., Defendants-Respondents. Index No. 154292/2019
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Judith J. Gische, Angela M. Mazzarelli, Anil C. Singh, Peter H. Moulton, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 02, 2021, and the appeal having been perfected, And defendant-respondent Amethyst ALT Assett Fund 2016 LLC and defendant Lorenzo DeLuca having jointly moved to: (1) dismiss the appeal as moot, pursuant to 22 NYCRR 1250.2 (c); (2) reject the notice of appeal as untimely, pursuant to 22 NYCRR 1245.10, or, (3) to the extent the appeal is not dismissed, to (i) direct appellant to correct the filing of their notice of appeal to reflect accurate information as required by CPLR 5515 and for proper certification pursuant to CPLR 2105, and (ii) direct appellant file an updated appendix including certain motions decided along with the order appealed from and extend movant's time to file their opposition brief until after appellant files the aforesaid updated appendix (M-2021-03902), And plaintiff-appellant having cross moved for an order awarding sanctions, costs and attorney's fees as against movants (M-2021-04050), 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 defendant-respondent Amethyst ALT Asset Fund 2016 LLC and defendant Lorenzo DeLuca's joint motion is denied without prejudice to their raising the issues directly on appeal. Movants are permitted to file a supplemental appendix to include the documents submitted within the instant motion and the appeal is adjourned to the March 2022 Term of this Court (M-2021-03902), and
It is further ordered that plaintiff-appellant's cross motion is denied (M-2021-04050).