Joan C. Lipin v Danske Bank David E. Hunt Ulf Bergquist Evelyn F. Ellis Joseph R.

Motion No: M-1202

Slip Opinion No: 2019 NYSlipOp 69385(U)

Decided on May 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.

May 2, 2019

Joan C. Lipin,

Plaintiff-Appellant,

v

Danske Bank, David E. Hunt, Ulf

Bergquist, Evelyn F. Ellis, Joseph R.

Mazziotti, Dana A. Sawyer, Krainin Real

Estate, Ann Susan Markatos, Robert Gary

Lipin, David A. Berger, Allegaert Berger &

Vogel LLP, March K. Anesh, and Deborah

Lovewell,

Defendants-Respondents.

An appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about January 2, 2019, and said appeal having been perfected, And defendants-respondents Mark K. Anesh and Joseph R. Manziotti (the "Anesh defendants") having moved for an order (1) striking the appendix filed by plaintiff-appellant and dismissing the appeal or, in the alternative, directing plaintiff-appellant to file a corrected appendix, (2) enlarging the time for defendants-respondents to file a reply brief, and (3) enjoining plaintiff from filing any further appeals or papers without the prior approval of this Court (M-1097), And plaintiff-appellant having cross-moved for an order dismissing the Anesh defendants' appeal (M-1202), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion (M-1097) is granted to the extent of directing plaintiff-appellant to file a supplemental appendix containing the movants' Affirmation in Opposition to plaintiff-appellant's motion and in support of the cross motion; and the supporting exhibits set forth in Exhibit C to the moving papers (Documents #646-650). The perfected appeal is adjourned to the September 2019 Term, and the motion, to the extent it seeks sanctions and a filing injunction, is denied, without prejudice to movants' raising the issues in their respondent's brief. The motion is otherwise denied, andIt is further ordered that the cross motion by plaintiff- appellant is denied. (M-1202) ENTERED: May 2, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman Sallie Manzanet-Daniels Ellen Gesmer, Justices

M-1202

M-1097

Index No. 150972/14