Sondra Neuschotz v Nilson Neuschotz

Motion No: M-1453

Slip Opinion No: 2018 NYSlipOp 74744(U)

Decided on June 12, 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.

June 12, 2018

Sondra Neuschotz,

Plaintiff-Respondent, CONFIDENTIAL

v

Nilson Neuschotz,

Defendant-Appellant,

-and-

Robert G. Smith, Esq.,

Non-Party Appellant.

By an amended notice of appeal, defendant and non-party counsel jointly appeal from an order of the Supreme Court,

New York County, entered on or about July 25, 2017, And defendants-appellants having moved: for an enlargement

of time to perfect the aforesaid appeal; to amend the case caption to denominate Robert G. Smith, Esq., as a non-party appellant; to dispense with the obligation to serve the Appendix and appellant's brief upon the Guardians ad litem; to expand the Record to include a written stipulation of discontinuance in the underlying action, dated October 26, 2017; and to expand the Record on this appeal to include a certain money judgment for attorneys fees entered in the action Robert G. Smith, PLLC v Nilson Neuschotz, Index No. 655682/17, 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: amending the case caption to denominate Robert G. Smith, Esq., as a non-party appellant; enlarging the time to perfect the appeal taken from the order of the Supreme Court, New York County, entered on or about July 25, 2017, to the October 2018 Term, and enlarging the time to perfect the remaining appeals, which were consolidated with the above appeal, in the order of this Court entered November 28, 2017 (M-4654) to the same Term unless notice is filed prior to the deadline for that Term withdrawing any or all of the remaining appeals; enlarging the Record on appeal as requested; and directing that the subject documents be included in appellants' Record along with a copy of this order. The motion is otherwise denied. ENTERED: June 12, 2018

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding,Dianne T. Renwick Angela M. Mazzarelli Anil C. Singh, Justices

M-1453

Index No. 311514/09