Opinion
Motion No: M-88
02-07-2019
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, For Leave to Sell Real Property. v. On the Way to Brooklyn, LLC, Intervenor-Appellant, Louis Atlas, Samuel Block, et al., Objectors-Respondents.
Concurrent appeals having been taken to this Court by petitioner-appellant and intervenor-appellant from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about October 17, 2017, and said appeals having been perfected (Cal No. 2018-3027), And objectors-respondents having moved to dismiss the appeals based on appellants' alleged failure to assemble a proper record, or in the alternative, for an order directing appellants to correct the caption and file a supplemental record, and for an enlargement of time for objectors-respondents to serve and file a respondent's brief to at least thirty (30) days after the supplemental record, with the corrected caption, have been served and filed,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 is granted to the extent of directing appellants to file a supplemental record containing the original petition and supporting exhibits, on or before February 19, 2019 for the May 2019 Term, to which term the perfected concurrent appeals are adjourned. The motion is otherwise denied, without prejudice to objectors-respondents raising the arguments advanced in its moving papers directly on appeal, including arguments as to the appropriate caption. On the Court's own motion, the perfected appeal by intervenor-appellant in "On the Way to Brooklyn, LLC. v The Home of Sages of Israel, Inc.", Index # 152021/17, Cal. No. 2018-3178, is adjourned to the May 2019 Term. The Clerk of the Court is directed to calendar the concurrent and related appeals to be heard together on the same day of that Term.
ENTERED: February 7, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick,Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Jeffrey K. Oing Peter H. Moulton,Justices
M-88
Index No. 153111/15