Scarola Malone & Zubatov LLP v

Motion No: M-2554

Slip Opinion No: 2020 NYSlipOp 70590(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,

Plaintiff-Respondent-Respondent,

v

CONFIDENTIAL

Andrew Ellner, Lightbox CapitalManagement, LLC and Lightbox Ventures, LLC.,

Defendants-Respondents-Appellants,

-and-

Brem Moldovsky, L.L.C.,

Defendant-Appellant-Respondent.

An appeal having been taken by defendants Andrew Ellner, Lightbox Capital Management, LLC and Lightbox Ventures, LLC (collectively the Lightbox defendants), and cross appeal having been taken by Brem Moldovsky, L.L.C. from an order of the Supreme Court, New York County, entered on or about December 18, 2019, and Brem Moldovsky L.L.C. having perfected the cross appeal, designating itself as defendant-appellant-respondent (Case No. 2019-02350),And the Lightbox defendants having moved for an order striking Brem Moldovsky, LLC's record as defective and incomplete, and directing it to prepare, file and serve a

corrected record that includes certain documents listed in the moving papers and to divide the record properly into sealed and unsealed volumes, And the appeal (Case No. 2019-02350) having been adjourned to the November 2020 Term by order of a Justice of this Court, dated August 5, 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 the Lightbox defendants leave to file a supplemental record containing the documents specified in the moving papers and otherwise denied. The perfected appeal (Case No. 2019-02350) is adjourned to the December 2020 Term. (See M-1985/M-2094, decided simultaneously herewith). 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-2554

Index No. 651324/17