Opinion
Motion No: M-4449
10-23-2018
In the Matter of the Application of The Home of Sages of Israel, Inc., (Beth Tomche Torah Vezikneh Yisroel) also known as Beth Tomche Torah Vezikneh Yisroel, Inc., and also known as Home of the Sages of Israel, Petitioner-Appellant/Respondent, For Leave to Sell Real Property. v. On the Way to Brooklyn, LLC, Intervenor-Appellant, Louis Atlas, Samuel Block, et al., Intervenors-Respondents.
Appeals having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about October 17, 2017, and said direct appeal having been perfected, And petitioner-appellant, The Home of Sages of Israel, Inc., by the 2012 Board of Trustees, having moved for an enlargement of time to perfect their appeal (M-3643), And petitioner-respondent, the Home Sages of Israel, Inc., by the 2016 Board of Trustees, having cross-moved to dismiss petitioner-appellant's appeal (M-4449), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion (M-3643) is granted to the extent of enlarging the time for petitioner-appellant, The Home of Sages of Israel, Inc., by the 2012 Board of Trustees, to perfect their appeal for the February 2019 Term. Sua sponte, the appeal taken by intervenor-appellant is adjourned to said February 2019 Term, and the Clerk is directed to calendar both appeals for hearing together in said Term. The cross motion (M-4449) to dismiss the appeal taken by The Home of Sages of Israel, Inc., by the 2016 Board of Trustees, is denied, without prejudice to raising it's arguments in the respondent's brief.
ENTERED: October 23, 2018
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing Peter H. Moulton,Justices
M-4449
M-3643
Index No. 153111/15