Moon 170 Mercer Inc. v Zachary Vella .

Motion No: M-5844

Slip Opinion No: 2018 NYSlipOp 60041(U)

Decided on January 2, 2018

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.

January 2, 2018

Moon 170 Mercer, Inc.,

Plaintiff-Respondent,

v

Zachary Vella,

Defendant-Appellant.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about February 7, 2017, and said appeal having been perfected, And plaintiff-respondent having moved for leave to file a supplemental record on appeal containing a copy of defendant-appellant's February 10, 2017 Notice of Motion to Reargument, to Vacate the Judgment, and to Supplement the Record along with the supporting affirmation of David Wolf dated January 10, 2017, and a copy of this Court's decision dated May 30, 2017 (Exhibit 1 to the Schwartzman Affirmation), and to extent the time to file a respondent's brief to 20 days after the determination of this motion, 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 plaintiff-respondent leave to file a supplemental record on appeal containing materials set forth as Exhibit 1 to the Schwartzman Affirmation, along with a copy of this order, and

without prejudice to arguments in the reply brief. The appeal is maintained on this Court's calendar for the March 2018 Term. ENTERED:

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Angela M. Mazzarelli,Justices

M-5844

Index No. 155605/12