NYCTL 19982 Trust and the Bank of v Reverend C.T. Walker Housing Development Fund Corporation et al.

Motion No: M-39

Slip Opinion No: 2020 NYSlipOp 61615(U)

Decided on January 28, 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 28, 2020

NYCTL 1998-2 Trust and The Bank of

New York Mellon as Collateral Agent and

Custodian,

Plaintiffs-Respondents,

v

Reverend C.T. Walker Housing Development Fund Corporation, et al.,

Defendants-Respondents,

-and-

Keith Alfieri,

Non-Party Appellant.

Appeals having been taken to this Court from the order and amended order of the Supreme Court, New York County, entered on or about December 18, 2018 and February 8, 2019, respectively, and said appeals having been perfected, And plaintiffs-respondents having moved to dismiss the aforesaid appeals or, in the alternative, to direct non-party appellant to enlarge the record on appeal to include transcripts of the hearings held on February 4, 2019 and February 7, 2019, which resulted in the lower court's amended order dated February 7, 2019, and to strike duplicative superceded documents included therein, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered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 granted to the extent of striking pages 18-32 in the record on appeal, and granting plaintiff leave to file a supplemental record to include the

transcripts of the hearings held on February 4, 2019 and

February 7, 2019 (Exhibits B & C to the moving paper), with costs to abide the appeals. The appeals are adjourned to the April 2020 Term. The motion is otherwise denied.ENTERED: January 28, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Barbara R. Kapnick Angela M. Mazzarelli Peter H. Moulton,Justices

M-39

Index No. 153500/14