Melcher v Apollo Med. Fund Mgt., L.L.C. - Fradd

Motion No: M-3478

Slip Opinion No: 2010 NY Slip Op 84265(U)

Decided on October 5, 2010

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 5, 2010

Melcher v Apollo Medical Fund Management, L.L.C. - Fradd

Leave to compel Clerk of this Court not to accept defendants' record on appeal and other relief denied (M-3478); defendants' cross motion granted to extent of striking plaintiff's brief and record on appeal as filed with this Court on July 6, 2010 with prejudice, and said motion denied insofar as defendants seek counsel fees and a share of the cost of the record on appeal. Sua sponte, plaintiff's appeals dismissed, and the order of this Court entered on March 4, 2010 (M-626/M-675/M-737) vacated insofar as plaintiff's motion for correction of the caption was granted to indicate plaintiff the appellant and defendants the cross-appellants; deem defendants the appellants and plaintiff the respondent, as indicated, and direct defendants' counsel to correct the cover of its record filed with this Court accordingly; enlarge defendants-appellants' time to perfect the appeal to the January 2011 Term; grant plaintiff-respondent leave to file, along with his respondent's brief, a supplemental appendix at his own expense if so advised; and continue the stay granted by order of this Court entered March 4, 2010 (M-626/M-675/M737).

Before: Mazzarelli, J.P., Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ.

Motion Nos. M-3478, M-3580