Dmitry Markov Malcom Katt

Motion No: M-1003

Slip Opinion No: 2019 NYSlipOp 66798(U)

Decided on April 2, 2019

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.

April 2, 2019

Dmitry Markov,

Plaintiff-Appellant-Respondent,

v

Malcom Katt,

Defendant-Respondent-Appellant.

Separate appeals having been taken to this Court by plaintiff-appellant-respondent and defendant-respondent-appellant from an order of the Supreme Court, New York County, entered on or about April 2, 2018, and plaintiff-appellant-respondent having perfected his appeal, And defendant having moved for an order pursuant to 22 NYCRR 1250.10(c) vacating the dismissal of his appeal, and upon reinstatement, supplementing the record on appeal to include his timely filed notice of appeal, and adjourning the perfected appeal taken by plaintiff to the May 2019 Term of this Court, And an order of a Justice of this Court, dated January 28, 2019, having adjourned the perfected appeal by plaintiff to the May 2019 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, defendant's appeal reinstated, and the time to perfect same enlarged to the September 2019 Term, to which Term plaintiff's appeal is adjourned. Defendant is directed to supplement the record on appeal with his notice of appeal dated April 16, 2018, a copy of which is attached to the moving papers as Exhibit A, to be filed in accordance with 22 NYCRR 1250.9, within seven days of the date

hereof. If defendant so perfects, the Clerk is directed to place the appeals on the calendar for the same day of the September 2019 Term. ENTERED: April 2, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Cynthia S. Kern Anil C. Singh, Justices

M-1003

Index No. 156493/15