Opinion
Motion No: M-440
02-28-2017
Chip Fifth Avenue LLC, Plaintiff-Respondent, v. Quality King Distributors, Inc., Pro's Choice Beauty Care, Inc., Thomas Butkiewicz and John Libro, Defendants-Appellants. Quality King Distributors, Inc., Pro's Choice Beauty Care, Inc., Thomas Butkiewicz, Defendants/Third-Party Plaintiffs, v. S3 Digital Corporation and Circle Media, Inc., Third-Party Defendants.
----------------------------------------x Appeals having been taken from an order of the Supreme Court New York County, entered on or about July 26, 2016, from an order of the same Court and Justice entered on or about October 11, 2016, and from a judgment entered on or about October 17, 2016, respectively, And plaintiff-respondent having moved to dismiss the aforesaid appeals (M-213), And defendant-appellant Quality King Distributors, Inc. having cross-moved for consolidation of the aforesaid appeals (M-440), 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 motion to dismiss the appeals is granted unless said appeals are perfected for the September 2017 Term (M-213). The cross-motion is granted to the extent of permitting appellants to prosecute the appeals upon 9 copies of one record and one set of points covering the appeals and enlarging the time in which to perfect the consolidated appeals to the September 2017 Term (M-440).
ENTERED: February 28, 2017
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Richard T. Andrias Sallie Manzanet-Daniels Judith J. Gische Troy K. Webber,Justices
M-440
M-213
Index No. 161128/15