Opinion
Motion No: M-6998
10-10-2019
Andrew Kolchins, Plaintiff-Appellant-Respondent, v. Evolution Markets Inc. Defendant-Respondent-Appellant, Andrew Ertel, Defendant-Respondent. Evolution Markets Inc., Plaintiff-Appellant,Index No. 651271/13 v. Andrew Kolchins, Titan Energy Markets LLC and John Dall, Defendants-Respondents.
An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about January 2, 2019, And defendant-respondent-appellant/plaintiff-appellant, Evolution Markets, Inc. having moved, (M-6917), pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of their appeal, and upon vacatur, for an enlargement of time to perfect said appeal; and to enlarge the Record on Appeal, (M-6998), 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, the dismissal of Evolution's appeal, now deemed the cross appeal, vacated, and the time to perfect said cross appeal enlarged to the January 2020 Term (M-6917). Plaintiff's perfected cross appeal, now deemed the direct appeal, is adjourned to the January 2020 Term. The motion to enlarge the record on appeal is denied (M-6998).
ENTERED: October 10, 2019
__________ CLERK
Present - Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices
M-6998
M-6917
Index No. 653536/12