Opinion
M-1233 M-1118
04-10-2018
Lawrence Kingsley, Plaintiff-Appellant, v. 300 W. 106th St. Corp., Defendant-Respondent.
An appeal having been taken by plaintiff from the order of the Supreme Court, New York County, entered on or about June 27, 2016, and said appeal having been perfected, And five further appeals having been taken by plaintiff from three orders of the Supreme Court, New York County, entered on or about March 23, 2017, and from two orders of said Court and Justice, entered on or about June 6, 2017, And an order of this Court having been entered on
September 26, 2017 (M-4283/M-4463), inter alia, consolidating all of the aforesaid appeals, and enlarging the time to perfect same for the February 2018 Term, And an order of this Court having been entered on May 2, 2017 (M-672/M-1792), adjourning the perfected appeal to the October 2017 Term, and consolidating the perfected appeal from the order entered on or about June 27, 2016 with the appeal from the orders entered on or about March 23, 2017, And an order of this Court having been entered on January 11, 2018 (M-6405), inter alia, enlarging the time to perfect the consolidated appeals to the May 2018 Term, and adjourning the calendared appeal from the order entered on or about June 27, 2016 to the May 2018 Term, And plaintiff-appellant having moved for leave to file a substituted amended brief in connection with the aforesaid appeals (M-1118), And defendant-respondent having cross-moved for dismissal of all the aforesaid appeals or, in the alternative, to adjourn the time to file a respondent's brief (M-1233), 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 (M-1118) is granted to the extent of permitting plaintiff-appellant leave to file a supplemental appendix consisting of the amended Table of Contents, and Table Authorities (Exhibit B to the moving papers), and a corrected p. 60 of the brief on appeal (Exhibit A to the moving papers) within seven days after the date of entry hereof, and it is further, Ordered that the cross motion (M-1233) is denied as unnecessary insofar as it seeks an adjournment, the appeal having been previously adjourned, and denied without prejudice to arguments in the respondent's brief insofar as the cross motion seeks dismissal of certain appeals as academic, and otherwise denied.
ENTERED: April 10, 2018
_____________________ CLERK
Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Ellen Gesmer Cynthia S. Kern Anil C. Singh, Justices
Index No. 162016/15