Ruth Bavers and Daniel Samuel Katan v Allyson Sheppard individually and as Trustee of the Isaac Zubli Family Trust;

Motion No: M-2329

Slip Opinion No: 2020 NYSlipOp 70585(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

Ruth Bavers and Daniel Samuel Katan,

as co-trustees of the Aki Katan

Irrevocable Trust, individually and

derivatively on behalf of U & I Realty, Inc.,

and I & A Realty, Inc.; Daniel Samuel Katan,

individually and derivatively on behalf

of U & I Realty, Inc., and I & A Realty, Inc.,

and Aki Katan, Individually,

Plaintiffs-Respondents,

v

Allyson Sheppard, individually and as

Trustee of the Isaac Zubli Family Trust;

Ari Zubli, individually and as former

trustee of the Aki Katan Irrevocable

Trust; Edna Zubli, in her capacity as

representative for the Estate of Isaac

Zubli; The Isaac Zubli Family Trust

(by and though Allyson Shepherd); NYC

Five Star Service Corp.; Javits Center

Parking Corp.; New York Custom

Advertising Corp.; Guardian Brokerage,

Inc.; Jet Ware Corp.; Jesder Management

LLC;

Defendants-Appellants,

Does 1-10,

Defendants.

Appeals having been taken to this Court from the orders of the Supreme Court, New York County, entered December 18, 2018 (Case No. 2019-20483, Cal. No. 2019-366) and July 29, 2019 (Case No. 2019-3732), and said appeals having been perfected, And appeals having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about

October 28, 2019 (Case No. 2019-4689) and the judgment, same court, entered on or about November 13, 2019 (Case No. 2020-4690), And defendants-appellants having moved for an order (i) supplementing the record in the perfected appeals (Case No. 2019-20483, Cal. No. 2019-366 and Case No. 2019-3732) to include the subsequent referee's order and judgment that are the basis for the unperfected appeals (Case Nos. 2019-4689 and 2020-4690), (ii) adding Case Nos. 2019-4689 and 2020-4690 to the caption of the aforesaid perfected appeals, and (iii) granting a calendar preference for the perfected appeals for the September 2020 Term, 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 restoring the perfected appeals (Case No. 2019-20483, Cal. No. 2019-366 and Case No. 2019-3732) to the calendar for the February 2021 Term, and is otherwise denied. ENTERED: August 27, 2020

_____________________ CLERK

PRESENT: Hon. Barbara R. Kapnick,Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez, Justices

M-2329

Index No. 653002/17