Opinion
Motion No: 571000/14
03-27-2015
APF 286 Mad LLC, et al
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that tenant-appellant's motion is granted to the extent of permitting the appeal to proceed on the appendix method. Tenant-appellant is directed to serve and file an appendix containing the corrections previously requested by the Appellate Term Clerk's Office on November 28, 2014. Tenant-appellant is further directed to perfect its appeal for the September 2015 term - the filing deadline is July 15, 2015. Respondent's brief is to be served and filed by August 5, 2015. Reply brief, if any, is to be served and filed by August 13, 2015. This matter will be calendared for the September 2015 term. This will afford the movants time to perfect their cross appeal for the September 2015 term (the cross appeal shall have the same filing deadlines set forth above for the appeal) , thus allowing the matters to proceed together.
Landlords-cross-appellants' cross motion is denied, however, landlords-cross-appellants may, if so advised, submit a supplemental appendix at the time it serves and files its cross-appellant's brief.
A copy of this order is to be promptly served on the Clerk of the Civil Court, who will thereafter prepare and have available to transfer, the complete settled transcript and the original court file when tenant-appellant's brief is ready to be filed.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.