Opinion
Motion No: M-814
03-05-2019
Mutual Benefits Offshore Fund, Ltd., Plaintiff-Respondent, v. Emanuel Zeltser, Mark Zeltser, Sternik & Zeltser, M.E. Seltser P.C., Alexander Fishkin, Interel Corporation, Defendants-Appellants, Joseph Kay, Defendant, Kayley Investments, Ltd., Non-Party Appellant.
Appeals having been taken from orders of the Supreme Court, New York County, entered on or about January 18, 2018 and March 28, 2018, and said appeals having been perfected, And defendants-appellants Mark Zeltser and Interel Corporation, and non-party-appellant Kayley Investments, Ltd. having perfected their consolidated appeals from the aforesaid orders for the January 2019 Term of this Court,And an order of this Court having been entered on December 27, 2018 (M-5915), inter alia, vacating the dismissal of the appeal of defendants-appellants Emanuel Zeltser, Sternik & Zeltser and M.E. Seltser, P.C. (collectively the Zeltser defendants), taken from the order entered on or about January 18, 2018, enlarging the time to perfect same to the April 2019 Term, and adjourning the perfected appeals of defendants-appellants Mark Zeltser and Interel Corporation, and non-party appellant Kayley Investments, to the aforesaid April 2019 Term, And the Zeltser defendants having moved for an order (1) deeming their appeal to have been timely perfected by electronically filing their appellants' brief and Note of Issue on January 28, 2019, and presenting the original and five hard copies thereof to this Court for filing on that date; (2) "overruling" the requirement that they must file a separate record on appeal, or, in the alternative, (3) reinstating their appeal and enlarging their time to perfect same to an appropriate Term (M-543), And plaintiff-respondent having cross-moved for an order dismissing the Zeltser defendants' appeal for failure to timely perfect (M-814),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 the motion (M-543) is granted to the extent of deeming the Zeltser defendants' appeal from the order entered on or about January 18, 2018 to be timely perfected for the May 2019 Term, to which Term the Zeltser defendant's appeal and the consolidated appeals of defendants-appellants Mark Zeltser and Interel Corporation, and non-party appellant Kayley Investments, are adjourned. The Zeltser defendants' are permitted to proceed on the joint record filed by the parties and shall file an original and five hard copies of the appellants' brief within 10 days of the date of this order. The cross motion (M-814) is denied.
ENTERED: March 5, 2019
_____________________ CLERK
Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Cynthia S. Kern Peter H. Moulton,Justices
M-814
M-543
Index No. 650438/09