Mark Robert Gordon v Rol Realty Company Err Agency

Motion No: M-206

Slip Opinion No: 2017 NYSlipOp 66026(U)

Decided on March 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.

March 2, 2017

Mark Robert Gordon,

Plaintiff-Appellant,

v

Rol Realty Company, Err Agency,

and Shmuel Bergstein,

Defendants-Respondents.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about July 31, 2014 and on or about April 20, 2015, and said appeals having been perfected, And, defendants-respondents having moved to dismiss the appeal taken from the order entered on or about April 20 2015

and to strike plaintiff's appellate brief or, in the alternative, to adjourn the aforesaid perfected 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 to dismiss the appeal is denied without prejudice to raising the issue in the defendants-

respondents' brief. So much of the motion which seeks an

adjournment of the appeal is denied as unnecessary; and that branch of the motion which seeks to strike plaintiff's brief

is denied. ENTERED: March 2, 2017

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Dianne T. Renwick Barbara R. Kapnick Marcy L. Kahn, Justices

M-206

Index No. 157456/13