Appellate Division: Second Judicial Department

M223938

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-11479 GS Brooklyn Apts., LLC, plaintiff-respondent, v Denyse Roberts, defendant-respondent, et al., defendants; Jay Berman, nonparty-appellant. (Index No. 33167/08)

DECISION & ORDER ON MOTION

2015-11480

GS Brooklyn Apts., LLC, plaintiff-respondent,

v Denyse Roberts, defendant-respondent, et al.,

defendants; Jay Berman, nonparty-appellant.

(Index No. 33167/08)

2015-11490

GS Brooklyn Apts., LLC, plaintiff-respondent,

v Denyse Roberts, defendant-respondent,

et al., defendants; Jay Berman, et al.,

nonparty-appellants.

(Index No. 33167/08)

2016-11488

GS Brooklyn Apts., LLC, plaintiff-respondent,

v Denyse Roberts, defendant-respondent,

et al., defendants; Jay Berman, et al.,

nonparty-appellants.

(Index No. 33167/08)

Motion by the nonparty-appellant to recall and vacate a decision and order on motion of this Court dated October 12, 2016, which dismissed an appeal from an order of the Supreme Court, Kings County, dated April 24, 2015 (Appellate Division Docket No. 2015-11480), to reinstate that appeal, to consolidate that appeal with appeals from three orders of the same court dated April 24, 2015 (Appellate Division Docket No. 2015-11479), September 18, 2015, and August 2, 2016, respectively, to enlarge the time to perfect the appeals, to enjoin the plaintiff-respondent, or anyone acting on its behalf, from releasing certain money held in escrow, and to stay a certain hearing in the Supreme Court, Kings County.

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 recall and vacate the decision and order on motion of this Court dated October 12, 2016, and reinstate the appeal from the order dated April 24, 2015, under Appellate Division Docket No. 2015-11480, is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated April 24, 2015 (Appellate Division Docket No. 2015-11479), September 18, 2015 and August 2, 2016, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated April 24, 2015 (Appellate Division Docket No. 2015-11479), September 18, 2015, and August 2, 2016, is granted, the time to perfect those appeals is enlarged until January 30, 2017, and the record or appendix and the nonparty-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branches of the motion which are to enjoin the plaintiff-respondent, or anyone acting on its behalf, from releasing certain money held in escrow, and to stay a certain hearing in the Supreme Court, Kings County, are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., CHAMBERS, MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court