JeanPascal Simon v FrancInvest S.A. JJS Group Inc.

Motion No: M-2059

Slip Opinion No: 2020 NYSlipOp 69583(U)

Decided on August 6, 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.

August 6, 2020

Jean-Pascal Simon,

Plaintiff-Respondent-Appellant,

v

FrancInvest, S.A., JJS Group, Inc.,

Nominal Defendants,

French-American Surgery Center, Inc.,

French-American Clinic, Inc.,

Jean-Francois Simon,

Defendants-Appellants-Respondents,

Fifth Avenue Surgery Center, LLC, VCC,

Inc. doing business as Cicero Consulting

Associates, Charles Rabb,

Defendants.

George Kessler and Lynn Rosenberg,

Defendants-Respondents.

An appeal having been taken by defendants-appellants-respondents from an order of the Supreme Court, New York County entered on or about November 14, 2019 (Case No. 2020-1665), And an appeal and cross appeal having been taken by plaintiff-respondent-appellant and defendants-appellants-respondents from an order of the same court entered on or about April 13, 2020 (Case No. 2020-2519), And the appeals (Case Nos. 2020-1665 and 2020-2519) having been perfected on a purported joint record, And plaintiff-respondent-appellant have moved (M-2058 and M-2059) to strike i) the brief, record, Notice of Issue, and all

other Appeal filings under Case No. 2020-2519; and ii) those portions of the Brief, Record, Notice of Issue filed under Case No. 2020-1665 pertaining to, referencing and in support of defendants-appellants-respondents' appeal of the April 13, 2020 order, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are granted to the extent of striking defendants-appellants-respondents' brief and purported joint record on appeal in Case Nos. 2020-1665 and 2020-2519, adjourning the appeal in Case No. 2020-1665 to the December 2020 Term, and directing defendants-appellants-respondents to file a new brief and record for that Term, limited solely to Case No. 1665. ENTERED: August 6, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2059

M-2058

Index No. 162867/14