Opinion
Motion No: M-1766
07-16-2020
Defendants-respondents having moved to dismiss the appeal taken from an order of the Supreme Court, New York County, entered on or about September 18, 2019, or in the alternative, to strike the appendix, direct plaintiff-appellant to file a revised appendix, and to extend defendants-respondents' time to file their respondents' 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 striking the appendix and directing plaintiff-appellant to file a revised appendix by September 8, 2020 for the November 2020 Term, to which Term the perfected appeal is adjourned. Plaintiff-appellant's replacement appendix shall include all papers and exhibits filed by both sides on the defendants' motion to dismiss the complaint and exclude all documents not previously submitted to Supreme Court on the motion. Defendants-respondents are to file their respondents' brief by October 8, 2020.
ENTERED: JULY 16, 2020
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices
M-1766
Index No. 154320/19