Goldstein Group Holding Inc. etc. v 310 East 4th Street Housing Development Fund Corporation

Motion No: M-6308

Slip Opinion No: 2017 NYSlipOp 62802(U)

Decided on January 10, 2017

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.

January 10, 2017

Goldstein Group Holding, Inc., etc.,

Plaintiff-Appellant,

v

310 East 4th Street Housing Development

Fund Corporation,

Defendant-Respondent,

Howard Brandstein,

Defendant-Intervenor-Respondent,

New York City Department of Taxation

and Finance, et al.,

Defendants.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about October 16, 2015, and said appeal having been perfected, And defendant-intervenor-respondent Howard Brandstein having moved for an order vacating the order of this Court entered October 4, 2016 (M-3986), which granted plaintiff-appellant an enlargement of time to perfect the aforesaid perfected appeal, and other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of adjourning the appeal to the April 2017 Term, permitting intervenor respondent Brandstein to file a respondent's brief on

or before March 1, 2017, and granting plaintiff-appellant leave, if so advised, to file a supplemental reply brief, solely

addressing arguments in the brief if intervenor-respondent permitted by this order, on or before March 10, 2017. The motion is otherwise denied. ENTERED: January 10, 2017. _______________________ CLERK

PRESENT - Hon: Karla Moskowitz, Justice Presiding, Paul G. Feinman Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices

M-6308

Index No. 850125/15