Luna Brothers Realty Corp. v Nigri
Motion No: 2016-03527
Slip Opinion No: 2016 NY Slip Op 91909(U)
Decided on November 18, 2016
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

M221661

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-03527, 2016-09923

Luna Brothers Realty Corp., respondent,

v Albert Nigri, appellant.

(Index No. 511991/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the inquest in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated March 22, 2016, and September 15, 2016, respectively, and to consolidate the appeals.

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 to stay the inquest is denied; and it is further,

ORDERED that the branch of the 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 on the Court's own motion, the appellant's time to perfect the appeal from the order dated March 22, 2016, is enlarged until December 15, 2016, and the record or appendix and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., DICKERSON, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court