Wynkoop v 622A President Street Owners Corp.
Motion No: 2015-07025
Slip Opinion No: 2015 NY Slip Op 91444(U)
Decided on November 23, 2015
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

M202008

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

BETSY BARROS, JJ.

2015-07025

Brett E. Wynkoop, et al., respondents-appellants,

v 622A President Street Owners Corp., defendant,

Kyle Taylor, et al., appellants-respondents.

(Index No. 507156/13)

DECISION & ORDER ON MOTION

2015-09864, 2015-10235, 2015-10236

Brett E. Wynkoop, et al., appellants,

v 622A President Street Owners Corp.,

et al., respondents.

(Index No. 507156/13)

Motion by Brett E. Wynkoop and Kathleen Keske on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated April 13, 2015, and appeals from three orders of the same court, one dated September 15, 2015, and two dated October 16, 2015, inter alia, to stay enforcement of the order dated April 13, 2015. Separate motion by Brett E. Wynkoop and Kathleen Keske, inter alia, to stay enforcement of the orders dated September 15, 2015, and October 16, 2015, to enlarge the time to perfect the appeal and cross appeal from the order dated April 13, 2015, and to consolidate the appeals.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motion, inter alia, to stay enforcement of the order dated April 13, 2015, is denied; and it is further,

ORDERED that the branch of the separate motion which is to enlarge the time to perfect the appeal and cross appeal from the order dated April 13, 2015, is granted, the time to perfect that appeal is enlarged until December 23, 2015, and the joint record or appendix (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the separate motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the separate motion is otherwise denied.

DILLON, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court