Scarola Malone & Zubatov LLP v Andrew Ellner Lightbox Capital

Motion No: M-2210

Slip Opinion No: 2020 NYSlipOp 70564(U)

Decided on August 27, 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 27, 2020

Scarola Malone & Zubatov LLP, CONFIDENTIAL

Plaintiff-Respondent,

v

Andrew Ellner, Lightbox Capital

Management, LLC and Lightbox Ventures,

LLC,

Defendants-Appellants-Respondent,

-and-

Brem Moldovsky, L.L.C.,

Defendant-Appellant.

An appeal having been taken to this Court by defendants-appellants from an order of the Supreme Court, New York County, entered on or about July 8, 2019, and the appeal having been perfected, And an appeal having been taken to this Court by defendant Brem Moldovsky, LLC, pro se, from the aforesaid order entered July 8, 2019, insofar as it denied its motion to disqualify defendants-appellants' counsel, And defendant Brem Moldovsky, LLC having moved for leave to supplement the record on appeal by taking judicial notice of certain matters allegedly relevant and germane to the

disqualification issue that have occurred since the date of the order being appealed,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 denied in its entirety. ENTERED: August 27, 2020

_____________________ CLERK

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

M-2210

Index No. 651324/17