Koya Abe v New York University David W. MclaughlinNancy Barton Ken Castronuovo Joseph Giovannelli Roger Ho Mary Brabeck

Motion No: M-6764

Slip Opinion No: 2019 NYSlipOp 79152(U)

Decided on September 10, 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.

September 10, 2019

Koya Abe,

Plaintiff-Appellant,

v

CONFIDENTIAL

New York University, David W. Mclaughlin,Nancy Barton, Ken Castronuovo, Joseph Giovannelli, Roger Ho, Mary Brabeck,

Barbara Cardeli-Arroyo, and Cathleen Dawe,

Defendants-Respondents.

Consolidated appeals having been taken to this Court from the judgment of the Supreme Court, New York County, entered on or about March 6, 2019, and from orderS, same Court, entered on or about February 4, 2019 and February 13, 2019, and said consolidated appeals having been perfected, And plaintiff-appellant having moved to enlarge the record on appeal, and to deem the electronic copy as the filed, enlarged record (M-3785), And defendants-respondents having cross-moved to enlarge the record on appeal to include certain exhibits, with such exhibits that are designated "Confidential" to be filed under seal, to deny plaintiff-appellant's motion to enlarge the record on appeal, and to seal the documents designated "Confidential" that plaintiff did not file under seal, and for other relief (M-6764), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-3785) is granted to the extent of enlarging the record on appeal to include plaintiff-appellant's Exhibits 1-8, 12, 15, 17-23, 27, 29-57, as well as defendants-respondents' Exhibits A-Z, AA-EE, GG-ZZ, and AAA-BBB, and it is further, Ordered that the cross motion (M-6764) is granted to the extent of designating the appeal "Confidential", and directing defendants-respondents to file a supplemental record on or before September 30, 2019 for the December 2019 Term, to which Term the appeal is adjourned. The motion and cross motion are otherwise denied. ENTERED: September 10, 2019

_____________________ CLERK

Present - Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-6764

M-3785

Index No. 105985/10