Opinion
Motion No: M-899
03-30-2017
Ruth Kassover, as co-executor of The Estate of Nathan Kassover, and Philip Kassover, in his individual capacity, Plaintiffs-Appellants, v. PVP-GCC Holdingco II, LLC, The Garden City Company, Inc., R. Peyton Gibson, Richard Sabella, and Prism Venture Partners, LLC, Defendants-Respondents.
Appeals having been taken from an order of the Supreme Court New York County, entered on or about September 25, 2013 and from a judgment of the same Court and Justice, entered on or about March 11, 2014, respectively, and said appeals having been perfected and calendared for the May 2017 Term, And plaintiffs-appellants having moved for consolidation of the aforesaid appeal pending against the Sabella defendant with the appeal against the PVP-GCC Holdingco II, LLC; for leave to file a supplemental record consisting of certain documents dated August 3, 2016 and August 5, 2016 and an order of the U.S. Bankruptcy Court dated July 14, 2016; for permission to withdraw the brief previously filed against the Sabella defendant and for leave to file a new brief relative to both of the said defendants, and for said defendants to be directed to file a new and single brief on their behalf or, in the alternative, to increase the page limit on plaintiff's reply brief if PCP-GCC Holdingsco II, LLC is permitted to file a second, independent 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 enlarging plaintiffs' time to perfect their appeal from the order entered September 25, 2013 to the September 2017 Term, to which Term the perfected appeal is adjourned. The Clerk is directed to calendar both appeals to be heard on the same day of said Term, or any other Term to which they may be adjourned. Plaintiffs are directed to perfect the second appeal on a separate main brief and on a supplemental record consisting of the aforementioned documents dated August 3, 2016 and August 5, 2016, on or before July 10, 2017 for said September 2017 Term. Plaintiffs are granted leave to rely on the record filed in the perfected appeal, and to include, in their supplemental record, the order of the U.S. Bankruptcy Court dated July 14, 2016, of which this Court takes judicial notice. Defendant PVP-GCC Holdingco II, LLC is directed to file a respondent brief as to the appeal taken against it, if so advised, on or before August 9, 2017 for said September 2017 Term. The motion is otherwise denied.
ENTERED: March 30, 2017
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Karla Moskowitz Paul G. Feinman Judith J. Gische,Justices
M-899
Index No. 602434/05