Philip Shawe v Elizabeth Elting .

Motion No: M-8482

Slip Opinion No: 2020 NYSlipOp 60030(U)

Decided on January 2, 2020

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.

January 2, 2020

Philip Shawe,

Plaintiff Appellant,

v

Elizabeth Elting,

Defendant-Respondents.

Appeals having been taken from two orders of the Supreme Court, New York County, entered on or about February 7, 2018 and February 16 ,2018, and said appeals having been perfected, And plaintiff-appellant having moved to enlarge the record on appeal to include Exhibit 1 to the Faegenburg Affirmation or, in the alternative, that this Court take judicial notice of the material included in the exhibit, 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 denied and, sua sponte, plaintiff's reply brief is stricken and the appeal is adjourned to the March 2020 Term. Plaintiff is directed to file a replacement reply brief for the March 2020 Term omitting all references to Exhibit 1 to the Faegenburg Affirmation. ENTERED: January 2, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding,Rosalyn H. Richter Cynthia S. Kern Anil C. Singh, Justices

M-8482

Index No. 155890/14