Alphonse Fletcher Jr. and Fletcher v the Dakota Inc. Bruce Barnes and

Motion No: M-4884

Slip Opinion No: 2016 NYSlipOp 60027(U)

Decided on December 6, 2016

Appellate Division, 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.

December 6, 2016

Alphonse Fletcher, Jr., and Fletcher

Asset Management, Inc.,

Plaintiffs-Respondents-Appellants, M-5123

v

The Dakota, Inc., Bruce Barnes and

Peter Nitze,

Defendants-Appellants-Respondents.

Separate appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about April 7, 2015 and September 14, 2015, respectively, And plaintiffs-respondents-appellants having moved for an enlargement of time to perfect their appeal from the order entered on or about September 14, 2015 (M-4884), And defendants-appellants-respondents having cross moved for dismissal of said appeal (M-5123),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the plaintiffs motion for an enlargement of time to perfect the appeal from the order entered on or about September 14, 2015 is denied (M-4884). The cross-motion is granted and said appeal is dismissed (M-5123). ENTERED: December 6, 2016

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Richard T. Andrias Sallie Manzanet-Daniels Troy K. Webber, Justices

M-4884