| US INCOME PARTNERS, LLC V CYPRESS POINTE FL HOLDINGS, LLC, |
| Motion No: CA 25-01943 |
| Slip Opinion No: 2026 NY Slip Op 61300(U) |
| Decided on January 21, 2026 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-01943
| US INCOME PARTNERS, LLC, PLAINTIFF-APPELLANT, V CYPRESS POINTE FL
HOLDINGS, LLC, ET AL., DEFENDANTS-RESPONDENTS. |
Appellant having moved for a calendar preference on the appeal taken herein from an order of the Supreme Court, Monroe County, entered October 27, 2025, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks calendar preference is denied, and
It is further ORDERED that the motion insofar as it seeks an order taking judicial notice of Supreme Court's order dated May 29, 2025 in US Income Partners, LLC v Cypress Pointe FL Holdings LLC (Index # E2020002755) is granted, and
It is further ORDERED that the motion insofar as it seeks to expand the record on appeal is denied without prejudice to a motion seeking to resettle the record in Supreme Court and, any appeal from the order deciding such a motion, if necessary (see Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g]; 1000.7 [b]; see also Meyer v Doyle Chevrolet, 234 AD2d 1016, 1016 [4th Dept 1996]).
Entered: January 21, 2026
Ann Dillon Flynn
Clerk of the Court