Clean Act Inc. v 4126 Realty Corp. .

Motion No: M-6514

Slip Opinion No: 2018 NYSlipOp 61532(U)

Decided on January 18, 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 18, 2018

Clean Act Inc.,

Plaintiff-Respondent,

v

4126 Realty Corp.,

Defendant-Appellant.

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about December 9, 2016, And plaintiff-respondent having moved for leave to strike the record on appeal filed by defendant-appellant, to dismiss the appeal as untimely taken, and for other relief (M-6428), And defendant-appellant having cross-moved fo leave to file a supplemental record on appeal to include all trial exhibits, to amend the Table of Contents to comport with CPLR 5526 and Rule 600.10, and for adjournment of the aforesaid appeal (M-6514), Now, upon reading and filing the papers with respect to the motion, and cross motion and due deliberation having been had thereon, it is ordered, Plaintiff's motion is granted to the extent of striking the record on appeal, and otherwise denied. Defendant's cross motion is granted to the extent of granting plaintiff-respondent leave to file an amended record on appeal to include all trial exhibits, to amend the Table of Contents to comport with CPLR 5526 and Rule 600.10, and otherwise denied.

The perfected appeal is adjourned to the May 2018 Term. ENTERED: January 18, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli Richard T. Andrias,Justices

M-6514

M-6428

Index No. 113457/11