Opinion
Motion 2021-04373 2022-00034
02-03-2022
Steven Alevy, Plaintiff-Respondent v. Rifka Herz, Defendant-Appellant. Index No. 306655/11 Case Nos. 2021-03239, 2021-04595, 2021-04596
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Cynthia S. Kern Angela M. Mazzarelli Saliann Scarpulla Manuel J. Mendez, Justices.
Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about August 31, 2021 (Case No. 2021-03239), November 01, 2021 (Case No. 2021-04595), and October 29, 2021 (Case No. 2021-04596),
And an order of this Court having been entered on October 14, 2021, (M-2021-03018/03050), inter alia, granting defendant-appellant's motion to prosecute the appeal on Case No. 2021-03239, as a poor person and assigning Larry S. Bachner, Esq., as counsel to prosecute same, And defendant-appellant, having moved, pro se, to consolidate the appeals on Case Nos. 2021-04595 and 2021-04596, with the appeal on Case No. 2021-03239, and to extend the previously granted poor person relief and assignment of counsel to cover the consolidated appeals (M-2021-04373), And plaintiff-respondent having cross-moved to renew defendant-appellant's prior motion for poor person relief (M-2021-03050; Case No. 2021-03229) and, upon renewal, to deny same, or in the alternative, to vacate that decision, and to deny consolidation (2022-00034), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is ordered that the branch of defendant-appellant's motion seeking to consolidate the aforesaid appeals is denied as unnecessary, as the appeals may be consolidated as of right (See, 22 NYCRR 1250.9[f][3]); that branch of the motion seeking to extend the previously granted poor person relief and assignment of counsel under Case No. 2021-03239 to cover Case Nos. 2021-04595 and 2021-004596 is granted. Larry S. Bachner, Esq., 39 Broadway, Suite 1610, New York, New York, 10006, Telephone No. (917)-674-9516, shall continue as counsel for appellant for the purposes of prosecuting the appeals. (M-2021-04373), and
It is further ordered that plaintiff-respondent's cross motion is denied (M-2022-00034).