In the Matter of the Application of Jack R. Franco

Motion No: M-221

Slip Opinion No: 2018 NYSlipOp 64603(U)

Decided on February 20, 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 20, 2018

In the Matter of the Application

of Jack R. Franco, 32nd Street 99¢

Corp., 40th Street 99¢ Corp.,

RJF 110 Realty LLC and RJF 110 Realty Corp., Petitioners-Respondents,

-and-

Murray Dweck and Florence Dweck,

Respondents-Appellants,

for a judgment pursuant to CPLR 7510

confirming the award of the arbitrator

in the arbitration between

Jack R. Franco, 32nd Street 99¢ Corp.,

40th Street 99¢ Corp., RJF 110 Realty

LLC and RJF 110 Realty Corp., as

Respondents and Murray Dweck and

Florence Dweck as Claimants.

Appeals having been taken by respondents-appellants from orders of the Supreme Court, New York County, entered on or about November 4, 2016, and a judgment, same Court, both entered on or about November 9, 2016, and said appeals having been perfected, And petitioners-respondents having moved to enlarge the record on appeal, 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 enlarging the record on appeal to include the Written Consent of

the Class A Members of RJF Realty LLC (Mov. Ex. C), and the NYC Department of Finance Office of the City Register Recording

Page, dated January 20 2017 (Mov. Ex. D). Petitioners-respondents are directed to file a supplemental record containing Mov. Exs. C and D, along with their respondents' brief, on or before March 21, 2018, for the May 2018 Term, to which Term the appeal is, sua sponte, adjourned.ENTERED: February 20, 2018

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing, Justices

M-221

Index No. 654589/16