Mutual Benefits Offshore Fund Ltd. v Emanuel Zeltser et al.

Motion No: M-2020

Slip Opinion No: 2018 NYSlipOp 72617(U)

Decided on May 17, 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.

May 17, 2018

Mutual Benefits Offshore Fund, Ltd.,

Plaintiff-Respondent,

v

Emanuel Zeltser, et al., Defendants,

Mark Zeltser, et al.,

Defendants-Appellants,

Kayley Investments, Ltd.,

Non-Party Appellant.

Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about January 18, 2018 and March 28, 2018,And plaintiff-respondent having moved for (1) dismissal of the appeal taken by Mark Zeltser and Interel Corporation from the order entered January 18, 2018; (2) for dismissal of the appeal taken by Kayley Investments, Ltd. from the order entered on or about January 18, 2018, upon the grounds that Kayley is not an aggrieved party; and (3) setting a briefing schedule for the appeals (M-1694), And non-party appellant Kayley Investments, Ltd.

having cross-moved for a stay of the orders entered on or

about January 18, 2018 and March 28, 2018, pending hearing

and determination of the appeals taken therefrom (M-2020), 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 that the motion is granted to the extent

of granting dismissal of the appeal taken by Mark Zeltser and Interel Corporation from the order entered on or about

January 18, 2018, unless the appeal is perfected for the November 2018 Term. That portion of the motion seeking dismissal of the appeal taken by non-party appellant Kayley Investments, Ltd. from the order entered on or about January 18, 2018 is denied, without prejudice to addressing the issue directly on the appeal, and it is further, Ordered that the cross motion is granted, and the appeals from the orders entered on or about January 18, 2018 and

March 28, 2018 are stayed on condition non-party appellant perfects the appeals for the November 2018 Term, and it is further, Ordered that, sua sponte, the appeals are consolidated,

and appellants are permitted to prosecute the consolidated appeals upon 9 copies of one record and one set of appellants' points covering the consolidated appeals. The attention of the parties is directed to 22 NYCRR § 600.11(d) with respect to a joint record and costs thereof. ENTERED: May 17, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh, Justices

M-2020

M-1694

Index No. 650438/09