Board of Managers of the 120 East 86th v

Motion No: M-943

Slip Opinion No: 2017 NYSlipOp 67538(U)

Decided on March 16, 2017

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.

March 16, 2017

Board of Managers of the 120 East 86th

Street Condominium,

Plaintiff-Appellant,

v

Park Avenue Physicians Realty, LLC,

Defendant-Respondent,

-and-

Gateway I Group, Inc., et al.,

Defendants,

-and-

120/86 Owners Corp.,

Additional Defendant-Appellant,

-and-

"John Doe" No. 16 through No. 35,

etc., et al.,

Additional Defendants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 3, 2016,

and said appeal having been perfected. And defendant-respondent having moved for an order compelling appellants to prepare and file a supplemental record to consist of certain motion documents filed in December 2015, 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 granting defendant-respondent permission to file a supplemental record, with costs to abide by the appeal. Sua sponte, the appeal is adjourned to the September 2017 Term. ENTERED: March 16, 2017

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Karla Moskowitz Paul G. Feinman Judith J. Gische, Justices

M-943

Index No. 162584/14