Howard J. Kaplan and Michelle A. Rice v Ladenburg Thalmann & Co. Inc. HowardM. Lorber Richard J. Lampen Stanley S. Arkin and Arkin Kaplan Rice LLP

Motion No: M-4403

Slip Opinion No: 2018 NYSlipOp 86171(U)

Decided on October 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.

October 16, 2018

Howard J. Kaplan and Michelle A. Rice,

Plaintiffs-Appellants,

v

Ladenburg Thalmann & Co. Inc., HowardM. Lorber, Richard J. Lampen, Stanley

S. Arkin and Arkin Kaplan Rice LLP,

Defendants-Respondents,

Signature Bank,

Defendant.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about October 26, 2017, and said appeal having been perfected, And defendants-respondents Ladenburg Thalmann & Co. Inc.,

Howard M. Lorber and Richard J. Lampen having moved to adjourn the aforesaid appeal, to strike the record on appeal filed by plaintiffs-appellants and dismiss the appeal or, in the alternative, directing plaintiffs-appellants to file a supplemental record, at their own expense, to include the memorandum of law filed by appellants and the moving respondents, 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 striking those portions of the record on appeal related to the memorandum of law (R. 803-848, 883-901), and adjourning the appeal to the January 2019 Term. The motion is otherwise denied. ENTERED: October 16, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Cynthia S. Kern Peter H. Moulton,Justices

M-4403

Index No. 656188/16