In the Matter of the Application of 8430985 Canada Inc.

Motion No: M-1083

Slip Opinion No: 2020 NYSlipOp 68295(U)

Decided on July 9, 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.

July 9, 2020

In the Matter of the Application of

8430985 Canada Inc.,

Petitioner-Respondent,

v Jacob Frydman, JFURTI LLC, Jacob

Frydman 2000 Irrevocable Trust and

Monica Libin 2000 Irrevocable Trust,

Respondents-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 25, 2019, and said appeal having been perfected, And petitioner-respondent having moved to dismiss the aforesaid appeal, or in the alternative, for leave to file a supplemental record on appeal with a certain motion and exhibits, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that that branch of the motion seeking to dismiss the appeal is denied, without prejudice to petitioner raising the issue in its respondent's brief. That branch of the motion seeking leave to supplement the record on appeal is

granted to include the memoranda of law for the subject motions and the second amended petition, with exhibits; respondent is ordered to file the supplemental record by August 1, 2020.ENTERED: July 9, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli,Justices

M-1083

Index No. 154932/16