Michael Kadosh individually and on v David Kadosh

Motion No: M-3927

Slip Opinion No: 2018 NYSlipOp 83899(U)

Decided on September 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.

September 20, 2018

Michael Kadosh, individually and on

behalf of 213 W. 85th St., LLC,

Plaintiff-Respondent,

v

David Kadosh,

Defendant-Appellant,

114 W. 71st St., LLC, et al.,

Defendants.

- - - - - - - - - - - - - -

[And a third-party action.]

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about November 2, 2017, and said appeal having been perfected, And plaintiff-respondent having moved to dismiss the aforesaid appeal as untimely taken and because defendant-appellant stipulated in open court, on the record, to waive his right to appeal and to impose sanctions against defendant-appellant for bringing the appeal after he waived his right to take an appeal. Plaintiff also moves for a stay of all proceedings pending hearing and determination of this motion, 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, to the extent it seeks dismissal of the appeal and for the imposition of sanctions, is denied, without prejudice to plaintiff addressing the issues

directly on appeal. The appeal is deemed timely, pursuant to CPLR 5520(a) and, sua sponte, is adjourned to the January 2019 Term. ENTERED: September 20, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3927

Index No. 651834/10