Opinion
Motion No: M-206
03-02-2017
Mark Robert Gordon, Plaintiff-Appellant, v. Rol Realty Company, Err Agency, and Shmuel Bergstein, Defendants-Respondents.
Appeals having been taken from orders of the Supreme Court, New York County, entered on or about July 31, 2014 and on or about April 20, 2015, and said appeals having been perfected, And, defendants-respondents having moved to dismiss the appeal taken from the order entered on or about April 20 2015 and to strike plaintiff's appellate brief or, in the alternative, to adjourn the aforesaid perfected appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion to dismiss the appeal is denied without prejudice to raising the issue in the defendants-respondents' brief. So much of the motion which seeks anadjournment of the appeal is denied as unnecessary; and that branch of the motion which seeks to strike plaintiff's brief is denied.
ENTERED: March 2, 2017
_____________________ CLERK
Present: Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Dianne T. Renwick Barbara R. Kapnick Marcy L. Kahn, Justices
M-206
Index No. 157456/13