Opinion
Motion Nos. 2021-03546 2021-07924 Index No. 510224/2021
02-06-2023
Yoel Goldman, appellant, v. Rose Castle Redevelopment II, LLC, et al., defendants Flushing & Little Nassau, LLC, respondent. Yoel Goldman, appellant-respondent, v. Rose Castle Redevelopment II, LLC, et al., respondents-appellants Fedor Itskovitch, et al., respondents.
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated May 18, 2021, and appeal and cross appeal from an order of the same court dated September 30, 2021. Motion by Rose Castle Redevelopment II, LLC, Zelig Weiss, Fedor Itskovitch, Wythe Berry LLC, Franklin Realty Owners, LLC, Lotus Residences LLC, and Flushing & Little Nassau LLC, to consolidate the appeal from the order dated May 18, 2021, with the appeal and cross appeal from the order dated September 30, 2021, and to extend the time to serve and file a brief on the appeals and cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeal from the order dated May 18, 2021, with the appeal and cross appeal from the order dated September 30, 2021, is denied; and it is further, ORDERED that on the Court's own motion, the appeal from the order dated May 18, 2021, and the appeal and cross appeal from the order dated September 30, 2021, will be calendared together and will be argued or submitted on the same date; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted to the extent that on or before March 8, 2023, the respondent Flushing & Little Nassau LLC shall serve and file its brief on the appeal from the order dated May 18, 2021, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve its brief and upload a digital copy of its brief, with proof of service thereof, through the digital portal on this Court's website, on or before March 8, 2023, the respondents-appellants Rose Castle Redevelopment II, LLC, and Zelig Weiss shall serve and file their answering brief on the appeal and cross appeal from the order dated September 30, 2021, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied.
DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur.