| National Short Sales LLC v Asdon, Eliyahu |
| Motion No: 570732/14 |
| Slip Opinion No: 2014 NY Slip Op 88193(U) |
| Decided on October 29, 2014 |
| Appellate Term, First 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. |
October 29, 2014
National Short Sales LLC v Asdon, Eliyahu
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that plaintiff-respondent's motion is denied without prejudice to plaintiff-respondent raising its arguments, regarding the timeliness of the notice of appeal, in its respondent's brief. The remainder of plaintiff-respondent's motion is denied. Defendant-appellant's cross-motion is granted only to the extent of consolidating the within appeal with his appeals filed in Civil NY County index numbers SC60569/12 and SC60570. Defendant-appellant is directed to perfect his appeals by no later than the March 2015 term - the filing deadline is January 8, 2015. In the event of defendant-appellant's failure to comply with the foregoing condition, plaintiff-respondent may move, on five days' notice, for an order dismissing the appeals.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570732/14