Neiman Nix and DNA Sports v Major League Baseball et al. .

Motion No: M-7876

Slip Opinion No: 2020 NYSlipOp 60035(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

Neiman Nix and DNA Sports

Performance Lab, Inc.,

Plaintiffs-Appellants,

v

Major League Baseball, et al.,

Defendants-Respondents.

Appeals having been taken from a judgment of the Supreme Court, New York County, entered on or about June 22, 2018, and from an order of the same Court entered on or about

December 31, 2018, And an order of this Court having been entered on

October 22, 2019 (M-7044) granting defendants-respondents' motion to dismiss said appeals,And counsel for plaintiffs-appellants having moved for leave to withdraw as counsel (M-7760),And plaintiff-appellant, Neiman Nix, pro se, having moved, for the imposition of sanctions against defendants-respondents (M-7876), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that plaintiffs-appellants' counsel's motion to withdraw as appellate counsel is granted (M-7760), and is furtherOrdered that plaintiff-appellant's motion for the imposition of sanctions is denied (M-7876), and it is further, Ordered, sua sponte, that the order of this Court entered October 22, 2019 (M-7044) is modified to reinstate the appeals taken by plaintiff Neiman Nix, individually, from the judgment entered June 22, 2018 and from the order entered December 31,

2018. The time to perfect said appeals is enlarged to the May 2020 Term, with no further extensions to be granted. ENTERED: January 2, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-7876

M-7760

Index No. 159953/16