Opinion
Motion No: M-4287
09-19-2017
Veg 83, LLC, Plaintiff-Respondent, v. JTED83, Inc., and Ron Braverman, Defendants-Appellants.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 4, 2016, and said appeal having been perfected, And plaintiff-respondent having moved to adjourn the aforesaid appeal; dismiss defendants-appellants appeal; strike the appendix as incomplete, or, in the alternative, to supplement the record on appeal to add a judgment entered on September 29, 2016 and a stipulation filed on October 19, 2016, amending the caption; and to amend the caption in this Court to conform with said October 18, 2016 stipulation, 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 February 2018 Term; granting dismissal of the appeal as taken by defendant JTED83, Inc., unless defendant complies with CPLR 321(a) on or before November 24, 2017, and retains appellate counsel to appear on said defendant's behalf and unless said counsel by December 4, 2017, either perfects on said defendant's behalf by a separate appellant's brief or advises the Court in writing that said defendant will not be filing a separate brief. Plaintiff is granted leave to file a supplemental appendix containing the September 29, 2016 judgment and the stipulation amending the caption filed October 18, 2016.
This Court takes judicial notice of said exhibits. The caption is amended to read as indicated in the parties' stipulation as set forth in Exhibit B to the motion papers. The motion is otherwise denied.
ENTERED: September 19, 2017
_____________________ CLERK
PRESENT: Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
M-4287
Index No. 158216/15