International Brain Research v John A. Cavalier et al. .

Motion No: M-4080

Slip Opinion No: 2017 NYSlipOp 85465(U)

Decided on September 12, 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.

September 12, 2017

International Brain Research

Foundation, Inc.,

Plaintiff-Appellant,

v

John A. Cavalier, et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 2, 2015, and said appeal having been perfected, And defendants-respondents having moved for leave to file a supplemental record on appeal to include (1) the original complaint filed on October 21, 2013; (2) plaintiff's notice

of motion for summary judgment filed on March 28, 2014; (3)

an Affidavit of John Cavalier filed on June 3, 2014; (4) the Supreme Court's order entered on or about July 28, 2014;

(5) the Supreme Court's preliminary conference order entered

on or about October 17, 2014, and (6) the Supreme Court's compliance conference order entered on or about January 30, 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, and defendants-respondents are directed to file a supplemental record on appeal

containing Exhibits 1 through 6 in the moving papers, at its own expense, and if so advised, and this Court will take judicial notice of said exhibits. Sua sponte, the perfected appeal is adjourned to the December 2017 Term. ENTERED: September 12, 2017

_____________________ CLERK

Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Jeffrey K. Oing Anil C. Singh, Justices

M-4080

Index No. 159685/13