Lewis Kivo v Louis F. Burke P.C. and Louis F.

Motion No: M-237

Slip Opinion No: 2020 NYSlipOp 63186(U)

Decided on February 20, 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.

February 20, 2020

Lewis Kivo,

Plaintiff-Appellant,

v

Louis F. Burke, P.C. and Louis F.

Burke, Individually,

Defendants-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 23, 2019, and the appeal having been perfected, And defendants-respondents having moved for an order: (1) extending their time to respond to the appeal; and (2) enlarging the Record on Appeal to include certain content omitted by plaintiff-appellant, with costs, And the appeal having been adjourned to the April 2020 Term by an interim order of a Justice of this Court, dated January 2, 2020, 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 granting defendants leave to file a supplemental record to include the items specified in paragraph 14(a) - 14(g) of the

affirmation in support of the motion, with costs to abide the appeal. The perfected appeal is adjourned to the May 2020 Term. ENTERED: February 20, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Peter H. Moulton Lizbeth GonzÁlez, Justices

M-237

Index No. 100135/14