Arkin Kaplan Rice LLP v. Kaplan

Full title: Arkin Kaplan Rice LLP, Stanley S. Arkin, Plaintiffs-Appellants…

Court: Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: May 4, 2021

2021 N.Y. Slip Op. 65596 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-01265 Motion No. 2021-01289 Motion No. 2021-01290

05-04-2021

Arkin Kaplan Rice LLP, Stanley S. Arkin, Plaintiffs-Appellants, Plaintiffs-Respondents, Lisa C. Solbakken, Plaintiff, v. Howard Kaplan, Michelle Rice and Kaplan Rice LLP, Defendants-Respondents, Defendants-Appellants, Arkin Kaplan Rice LLP, a dissolved firm, Nominal Defendant.

Susanna Molina Rojas Clerk of the Court

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Troy K. Webber Saliann Scarpulla, Justices. Index No. 652316/12
Case Nos. 2020-02522 2020-02479 2020-04875 2018-01118

Appeals having been taken to this Court by plaintiffs Arkin Kaplan Rice LLP and Stanley S. Arkin from orders of the Supreme Court, New York County, entered on or about December 20, 2017, on or about December 4, 2020, and on or about May 5, 2020, and said appeals (Case Nos. 2018-01118 [Cal # 2018-3496], 2020-02479, 2020-04875) having been perfected for the September 2021 Term,

And an appeal having been taken to this by Court by defendants Howard Kaplan, Michelle Rice and Kaplan Rice LLP from the aforesaid May 5, 2020 order (Case No. 2020-02522),

And defendants-appellants having moved for an order vacating the dismissal of, or extending, their time to perfect their appeal from the May 5, 2020 order (Case No. 2020-02522) nunc pro tunc until the September 2021 Term and to consolidate that appeal with plaintiffs-appellants' perfected appeals (Case Nos. 2018-01118 [Cal # 2018-3496], 2020-02479, 2020-04875), or, in the alternative, to withdraw their appeal (M-2021-1265, M-2021-01289, M-2021-01290),

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is ordered that the motions are granted to the extent of vacating the automatic dismissal of defendants' appeal from the May 5, 2020 order (Case No. 2020-02522) and extending defendants' time to perfect the appeal to the September 2021 Term. If timely perfected, the Clerk is directed to calendar all four appeals (Case Nos. 2020-02522, 2020-02479, 2020-04875 and 2018-01118) to be heard together on the same day. ENTERED: May 04, 2021

/s/

Susanna Molina Rojas

Clerk of the Court