Wilmington Savings Fund Society FSB etc. v Sung R. Park

Motion No: M-5004

Slip Opinion No: 2018 NYSlipOp 89450(U)

Decided on November 27, 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.

November 27, 2018

Wilmington Savings Fund Society, FSB, etc.,

Plaintiff-Appellant-Respondent,

v

CONFIDENTIAL

Sung R. Park, etc., et al., Defendants,

-and-

East Fork Capital Equities LLC,

Defendant-Respondent-Appellant.

Separate appeals having been taken to this Court by plaintiff from orders of the Supreme Court, Bronx County, entered on or about November 15, 2017 and June 21, 2018, respectively; and defendant-respondent East Fork Capital Equities LLC having taken a cross appeal from the order entered on or about June 21, 2018, and said direct appeals having been perfected, And defendant-respondent-appellant having moved for an order striking plaintiff's brief and record on appeal to the extent it does not pertain to the November 15, 2017 order appealed from, and to adjourn the appeal pending 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 is denied, and the Clerk is directed to maintain the appeal on this Court's calendar for the January 2019 Term. ENTERED: November 27, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices

M-5004

Index No. 32059/17E