Barton Mark Perlbinder and Stephen v Board of Managers of the 411 East 53rd Street Condominium

Motion No: M-1918

Slip Opinion No: 2017 NYSlipOp 73888(U)

Decided on May 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.

May 16, 2017

Barton Mark Perlbinder and Stephen

Perlinder,

Plaintiffs-Appellants,

v

Board of Managers of the 411 East 53rd

Street Condominium,

Defendant-Respondent.

Defendant-respondent having moved for dismissal of the appeal taken from a judgment of the Supreme Court, New York County, entered on or about May 24, 2016, as well as all orders affecting said judgment, including orders, same Court and Justice, entered on or about April 21, 2016, and July 21, 2014, and said appeal having been perfected and adjourned to the September 2017 Term, 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 denied, without prejudice to raising the issue directly on appeal. Defendant-respondent is granted leave to file a supplemental record on appeal addressed to this argument after consulting with plaintiff's counsel. ENTERED: May 16, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber, Justices

M-1918

Index No. 654039/13