| Matter of Aish Hatorah New York, Inc. v Fetman |
| Motion No: 2014-10945 |
| Slip Opinion No: 2017 NY Slip Op 65662(U) |
| Decided on March 1, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M226192
U/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2014-10945, 2015-00047, 2015-00049, 2015-04167, 2015-06914, 2015-06916, 2015-06917, 2015-07374 In the Matter of Aish Hatorah New York, Inc., petitioner-respondent, v Jacob Fetman, etc., respondent-appellant; Merkaz Center, Inc., nonparty-appellant. (Index No. 22057/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on appeals from seven orders of the Supreme Court, Kings County, dated April 30, 2014, September 29, 2014, December 17, 2014, March 5, 2015, April 23, 2015, July 6, 2015, and August 6, 2015, respectively, and a judgment of the same court dated October 7, 2014, in effect, to sever the appeals from the orders dated September 29, 2014, December 17, 2014, and July 6, 2015, and the judgment, from the remaining appeals, and to direct the petitioner-respondent to expeditiously serve and file a brief in connection with those appeals. Separate motion by the petitioner-respondent to strike stated portions of the joint record and the respondent-appellant's brief.
Upon the papers filed in support of the respondent-appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the petitioner-respondent's motion and the papers filed in opposition thereto, it is
ORDERED that the respondent-appellant's motion is granted, the appeals from the orders dated September 29, 2014, December 17, 2014, and July 6, 2015, and the judgment are severed from the appeals from the orders dated April 30, 2014, March 5, 2015, April 23, 2015, and August 6, 2015, the joint record, the respondent-appellant's brief, and the nonparty-appellant's brief are stricken, and on or before March 29, 2017, the appellants shall serve and file a joint record and their respective replacement briefs on the appeals from the orders dated September 29, 2014, December 17, 2014, and July 6, 2015, and the judgment (Appellate Division Docket Nos. 2014-10945, 2015-06914, 2015-06917, and 2015-00049); and it is further,
ORDERED that the petitioner-respondent's motion is denied as academic.
DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court