Barklee 94 LLC v Augustus Oliver and Lisbeth Oliver

Motion No: M-889

Slip Opinion No: 2017 NYSlipOp 69269(U)

Decided on March 30, 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 30, 2017

Barklee 94 LLC,

Plaintiff-Appellant,

v

Augustus Oliver and Lisbeth Oliver,

Defendants-Respondents.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about April 4, 2016, April 25, 2016 and October 31, 2016, respectively, And, plaintiff-appellant having moved for consolidation of the aforesaid appeals, and for an enlargement of time to perfect same (M-678), And, defendants having cross-moved to dismiss plaintiff's appeal taken from the order entered on or about April 4, 2016

(M-889), Now, upon reading and filing the papers with respect to

the motion and cross motion, and due deliberation having been

had thereon, It is ordered that plaintiff's motion to consolidate

the aforesaid 3 appeals is granted to the extent of permitting plaintiff-appellant to prosecute said appeals upon 9 copies of

one record and on one set of appellant's points covering said appeals, and the time to perfect said appeals is enlarged to

on or before July 10, 2017 for the September 2017 Term (M-678).

Defendants' cross motion to dismiss plaintiff's appeal taken

from the order entered on or about April 4, 2016 is denied

(M-889). ENTERED: March 30, 2017

_____________________ CLERK

Present:Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer, Justices

M-889

M-678

Index No. 100346/13