5706 Fifth Avenue, LLC v Ketri
Motion No: 2014-00800
Slip Opinion No: 2014 NY Slip Op 75919(U)
Decided on June 24, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M176029

S/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2014-00800, 2014-01469, 2014-05055

5706 Fifth Avenue, LLC, respondent,

v Chamoun Ketri, et al., defendants,

Sami Louzieh, etc., appellant.

(Index No. 31527/09)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to consolidate appeals from two orders of the Supreme Court, Kings County, dated November 6, 2013, and January 22, 2014, respectively, with an appeal from a judgment of the same court dated March 20, 2014, and for leave to file a supplemental record containing certain "newly discovered documents" and a supplemental brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to consolidate the appeals is granted on condition that on or before July 24, 2014, the appellant serve and file a supplemental record containing the judgment dated March 20, 2014, and the notice of appeal from the judgment and serve one copy and file an original affirmation from the appellant's counsel that the issues to be raised on the appeal from the judgment are the same issues raised on the appeals from the orders dated November 6, 2013, and January 22, 2014; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court