Sondra Neuschotz v Nilson Neuschotz

Motion No: M-4329

Slip Opinion No: 2018 NYSlipOp 84320(U)

Decided on September 25, 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 25, 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, Plaintiff-Respondent, now having moved for an order dismissing non-party appellant's appeal on the grounds that non-party appellant failed to order and settle the transcript, and that the appendix is insufficient and granting plaintiff-respondent fees and costs for the motion or, in the alternative, directing the non-party appellant to file a supplemental appendix(M-4276), And, non-party appellant having cross-moved for attorneys fees on the motion or sanctions against plaintiff-respondent's counsel,(M-4329)Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that plaintiff-respondent's motion is granted to the extent of directing non-party appellant to file a supplemental appendix with the settled transcript on or before November 5, 2018, for the January 2019 term, to which term the perfected appeal is adjourned(M-4276). Plaintiff-respondent is granted leave to file a supplemental appendix, if so advised, with costs to abide the appeal. Relief sought by non-party appellant's cross motion is otherwise denied (M-4329). ENTERED: September 25, 2018

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Peter H. Moulton, Justices

M-4329

M-4276

Index No. 311514/09