Massachusetts Bay Transportation v Citco Fund Services

Motion No: M-3477

Slip Opinion No: 2018 NYSlipOp 80654(U)

Decided on August 16, 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.

August 16, 2018

Massachusetts Bay Transportation

Authority Retirement Fund, et al.,

Plaintiffs-Respondents,

-and-

Fletcher International, Ltd.,

Plaintiff,

v

Citco Fund Services (Cayman Islands),

Ltd., et al.,

Defendants-Appellants,

-and-

Citco Fund Services (Suisse), S.A.,

et al.,

Defendants.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about January 22, 2018, and said appeal having been perfected, And plaintiffs-respondents having moved for an order enlarging the record on appeal to include a certain sur-reply Affirmation, dated September 28, 2017, inclusive of all exhibits annexed thereto, 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 denied, without prejudice to plaintiffs identifying, in their appellate brief, which of defendants' arguments are raised for the first time on appeal. ENTERED: August 16, 2018

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3477

Index No. 651446/15