Gary Gordon et al. v the City of New York et al. .

Motion No: M-5999

Slip Opinion No: 2018 NYSlipOp 63889(U)

Decided on February 13, 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.

February 13, 2018

Gary Gordon, et al.,

Plaintiffs-Appellants,

v

The City of New York, 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 April 11, 2016, and said appeal having been perfected, And plaintiffs-appellants having moved for an order: 1) granting them leave to file a supplemental record on appeal to include the motions for summary judgment by the City of New York and the Long Island Railroad, and the April 8, 2016 order that were inadvertently omitted from the record on appeal; 2) adjourning the appeal to the next available Term of Court; 3) granting defendants-respondents leave to withdraw their respondents' brief and submit an amended brief, or to serve a supplemental brief so as to address the substantive issues involving the City and LIRR's liability as owners; and

4) granting an enlargement of time to permit plaintiff to submit a reply brief, 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

adjourning the appeal to the June 2018 Term, and permitting the plaintiff to file a supplemental record on appeal to include the April 8, 2016 order, and the underlying motion papers, on or before March 19, 2018. Sua sponte, plaintiffs' notice of appeal is deemed to include plaintiffs' appeal from the April 11, 2016 order (CPLR 5520[c]). Defendants-respondents are permitted, at their option, to withdraw their respondents' brief and submit

an amended brief, or to file a supplemental brief which addresses the arguments raised by plaintiff involving the order to the extent it decides mot seq no. 003, with the additional appellate printing costs to be borne by the plaintiffs. ENTERED: February 13, 2018

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Ellen Gesmer Jeffrey K. Oing, Justices

M-5999

Index No. 155715/12