Opinion
2022-61241 Motion 2021-03885
02-03-2022
In the Matter of the Application of N47 Associates LLC, Petitioner-Respondent, v. Jemsco Realty LLC, Respondent-Appellant. For an Order and Judgment Pursuant to Article 4 of the Civil Practice Law and Rules and Section 881 of the Real Property Actions and Proceedings Law for Access to Adjoining Property, Index No. 159215/20 Case Nos. 2021-02638, 2021-03862
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Lizbeth González Martin Shulman Julio Rodriguez III, Justices.
Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about December 18, 2020 (Case No. 2021-02638), and on or about September 21, 2021 (Case No. 2021-03862), and said appeals having been consolidated and perfected, And petitioner-respondent having moved to (1) dismiss the appeal taken from the September 21, 2021 order on the ground that the order is not appealable; (2) strike those portions of the record on appeal that include letter submissions filed prior to the aforesaid September 21, 2021 order; (3) strike appellant's brief on the ground that the issues raised throughout relate solely to arguments raised in the letter submissions that preceded the September 21, 2021 order; and (4) extend petitioner-respondent's time in which to file a respondent's brief, 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 is denied to the extent that it seeks to dismiss the appeal from the September 21, 2021 order (Case No, 2021-03862), to strike certain documents from the record on appeal and to strike appellant's brief, without prejudice to raising said arguments directly on the appeal. The motion is granted to the extent of adjourning the consolidated appeals to the May 2022 Term of this Court.