Michael Seleman v Barnes & Noble Inc. .

Motion No: M-4578

Slip Opinion No: 2017 NYSlipOp 91938(U)

Decided on November 14, 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.

November 14, 2017

Michael Seleman,

Plaintiff-Respondent,

v

Barnes & Noble, Inc.,

Defendant-Appellant.

Consolidated appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about March 29, 2016 and August 16, 2016, and said consolidated appeals having been perfected, And plaintiff-respondent having moved for leave to supplement the record on appeal to include "Plaintiff's Combined Demands for Discovery and Inspection" dated March 22, 2011, and for adjournment of the perfected consolidated appeals, 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 directing plaintiff-respondent to file a supplemental record on appeal containing plaintiff's Combined Demands for Discovery and Inspection (Exhibit B to the moving papers), as well as a copy of this order with his respondent's brief, on or before December 6, 2017 for the January 2018 Term, to which Term the appeal is adjourned. ENTERED: November 14, 2017

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Richard T. Andrias Cynthia S. Kern Jeffrey K. Oing, Justices

M-4578

Index No. 101072/11