Mutual Benefits Offshore Fund Ltd. v Mark Zeltser Emanuel Zelster and

Motion No: M-5915

Slip Opinion No: 2018 NYSlipOp 91711(U)

Decided on December 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.

December 27, 2018

Mutual Benefits Offshore Fund, Ltd.,

Plaintiff-Respondent,

v

Mark Zeltser, Emanuel Zelster and

Interel Corporation, et al., Defendants-Appellants,

Joseph Kay,

Defendant,

Kayley Investments, Ltd.,

Non-Party Appellant.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about January 18, 2018 and March 28, 2018,And defendants-appellants Mark Zeltser and Interel Corporation, and non-party Kayley Investments, Ltd. having perfected their consolidated appeals from the aforesaid orders for the January 2019 Term of this Court, And defendants-appellants Emanuel Zeltser, Sternik & Zeltser and M.E. Seltser, P.C., (collectively the Zeltser defendants) having moved, inter alia, for an order vacating the dismissal, due to their failure to timely perfect, of their appeal from the order entered on or about January 18, 2018, accepting the filing of their brief, and scheduling the hearing of the consolidated appeals for an appropriate term, 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 vacating the dismissal of the Zeltser defendants' appeal from the order entered on or about January 18, 2018 and enlarging the time to perfect same to the April 2019 Term. Sua Sponte, the

perfected appeals of defendants-appellants Mark Zeltser and Interel Corporation, and non-party Kayley Investments, Ltd. are adjourned to the April 2019 Term. If the Zeltser defendants so perfect, the Clerk is directed to calendar the appeals to be heard on the same day. ENTERED: December 27, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Sallie Manzanet-Daniels Troy K. Webber Marcy L. Kahn,Justices

M-5915

Index No. 650438/09