Fairchild Warehouse Associates, LLC v Water Chef, Inc.
Motion No: 2017-04774
Slip Opinion No: 2017 NY Slip Op 74667(U)
Decided on May 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M231549

E/sl

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-04774, 2017-04775

Fairchild Warehouse Associates, LLC, plaintiff,

v Water Chef, Inc., et al., defendants.

(Index No. 601831/12)

DECISION & ORDER ON MOTION

Motion by the defendant Terry Lazar for leave to appeal to this Court from two orders of the Supreme Court, Nassau County, both dated May 4, 2017, to stay enforcement of the orders and enjoin the issuance of any further orders of commitment, pending hearing and determination of the appeals, to consolidate the appeals, and to extend the time to file a notice of appeal, in effect, pursuant to CPLR 5514(a) and/or CPLR 5520(a).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the orders are appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders and enjoin the issuance of any further orders of commitment is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to extend the time to file a notice of appeal is denied, and the defendant Terry Lazar may serve and file a notice of appeal in accordance with CPLR 5513.

LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court