Opinion
Motion No. 2021-01447
06-17-2021
Burton Sultan, Plaintiff-Appellant, v. Stephane Cosman Connery, as Trustee of the Stephane Cosman Connery 2002 Trust Under Declaration of Trust Dated September 30, 2002, Defendant-Respondent.
Present - Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Angela M. Mazzarelli Anil C. Singh Tanya R. Kennedy, Justices. Index No. 158138/14
Case No. 2020-04843
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 29, 2020, and said appeal having been perfected,
And defendant-respondent having moved, pursuant to CPLR 5526, 5528 and 5529, to strike the portions of the record on appeal submitted by plaintiff which are dehors the record, and to extend defendant's time in which to submit its opposition 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 adjourning the appeal to the October 2021 Term of this Court and directing plaintiff-appellant, at his own expense, to file a supplemental appendix containing the entire deposition transcripts of defendant and of Rosalita Santos, as well as the stipulation of settlement and settlement transcript, on or before August 9, 2021. The motion is otherwise is denied, without prejudice to defendant raising his arguments in his respondent's brief. ENTERED: June 17, 2021
/s/
Susanna Molina Rojas
Clerk of the Court