Rosemarie A. Herman individually as v

Motion No: M-6842

Slip Opinion No: 2019 NYSlipOp 80268(U)

Decided on September 26, 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 26, 2019

Rosemarie A. Herman, individually, as

beneficiary of the trust created by

Harold Herman as Grantor under

agreement dated March 1, 1990 and as

beneficiary of the trust created by

Rosemarie A. Herman as Grantor dated

November 27, 1991 and on behalf of Mayfair York LLC, et al., Plaintiffs-Respondents,

v

Julian Maurice Herman, et al.,

Defendants-Appellants.

-and-

Michael Offit, et. al.,

Defendants.

Julian Maurice Herman, Third-Party Plaintiff, v Index No. 950354/13

Joseph Esmail and Solita N. Herman, Third-Party Defendants.

-------------------------------------X Appeals having been taken from an orders of the Supreme Court, New York County, (1) entered on or about August 31, 2018, which denied defendants' motion to vacate the judgment entered in this action based on newly discovered evidence; (2) entered on or about October 16, 2018, which granted plaintiff's motion to appoint a receiver and directed that upon transfer of the subject property, plaintiffs shall promptly file a partial satisfaction of judgment; and (3) entered on or about November 20, 2018,

which, inter alia, directed the receiver to execute the deed to convey the subject property, and the appeals having been perfected for the October 2019 Term of this Court, And defendants-appellants having moved to supplement the record on appeal to include "Plaintiffs' Memorandum in Support of Their Motion for the Appointment of a Receiver Pursuant to CPLR § 5228," 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 is granted to the extent that defendants-appellants are directed to file within seven days of this Court's order on this motion, six copies of the supplemental record on appeal that includes "Plaintiffs' Memorandum in Support of Their Motion for the Appointment of a Receiver Pursuant to CPLR § 5528." Sua Sponte, the appeal is adjourned to the December 2019 Term of this Court. ENTERED: September 26, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Angela M. Mazzarelli Troy K. Webber Peter H. Moulton, Justices

M-6842

Index No. 650205/11