Levitt & Kaizer v Wayne Ivory Charles II .

Motion No: M-5538

Slip Opinion No: 2017 NYSlipOp 63290(U)

Decided on February 2, 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.

February 2, 2017

Levitt & Kaizer,

Plaintiff-Respondent,

v

Wayne Ivory Charles II,

Defendant-Appellant.

Appeals having been taken by non-party Wayne Ivory Charles, II from the orders of the Supreme Court, New York County, entered on or about June 30, 2016 and July 5, 2016, respectively, And plaintiff-respondent having moved for an order dismissing the appeals, or in the alternative, granting a discretionary preference expediting the appeals, 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 denied insofar as it

seeks dismissal of the appeal from the order entered on or about June 30, 2016. Sua sponte, that appeal is deemed withdrawn. The motion is granted with regard to the appeal from the July 5, 2016 order to the extent of granting an appellate preference directing that appeal be perfected for the May 2017 Term. The motion is

otherwise denied, without prejudice to raising the remaining arguments directly on appeal. ENTERED: February 2, 2017 _______________________ CLERK

PRESENT - Hon: Rolando T. Acosta, Justice Presiding, Richard T. Andrias Karla Moskowitz Judith J. Gische Troy K. Webber, Justices

M-5538

Index No. 104127/09