Lawrence Kingsley v 300 W. 106th St. Corp.. X

Lawrence Kingsley v 300 W. 106th St. Corp.. X
Motion No: M-1792
Slip Opinion No: 2017 NYSlipOp 72257(U)
Decided on May 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.



May 2, 2017

Lawrence Kingsley,

Plaintiff-Appellant,

v

300 W. 106th St. Corp., Defendant-Respondent.

Appeals having been taken from the orders of the Supreme Court, New York County, entered on or about June 27, 2016 and from three separate orders, same Court and Justice entered on or about March 23, 2017, respectively, And defendant-respondent having moved for an order striking pages of the appendix; striking the appellant's brief; directing appellant to file a proper appendix; and adjourning the filing of the respondent's brief (M-692), And plaintiff-appellant having cross-moved for consolidation of the aforesaid appeals and an enlargement of time to perfect the consolidated appeals (M-1792), 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having been had thereon, It is ordered that the motion is granted to the extent of deeming plaintiff's appellate brief withdrawn, and adjourning the perfected appeal to the October 2017 Term, and is otherwise denied (M-692). The cross-motion is granted to the extent of consolidating the perfected appeal from the order entered on or about June 27, 2016 with the appeals from the three orders entered on or about March 23, 2017.

Plaintiff is directed to file a new appellate brief, limiting the arguments raised solely to those referring to the order entered June 27, 2016, and the orders entered March 23, 2017, and a supplemental appendix related to the March 23, 2017 orders, on or before August 7, 2017, for the October 2017 Term (M-1792). ENTERED: May 2, 2017

_____________________ CLERK

PRESENT - Hon: John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Dianne T. Renwick Karla Moskowitz Marcy L. Kahn, Justices

M-1792

M-692

Index No. 162016/15