Martin Stoner v Atlantic Realty Apts. LLC and New York State Division of Housing and Community Renewal

Motion No: M-2196

Slip Opinion No: 2017 NYSlipOp 75187(U)

Decided on May 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.

May 30, 2017

Martin Stoner,

Plaintiff-Appellant,

v

Atlantic Realty Apts., LLC, and New York State Division of

Housing and Community Renewal,

Defendants-Respondents.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about September 23, 2015 and on or about February 4, 2016, and said appeals having been perfected, And, defendant-respondent, Atlantic Realty Apts., LLC, having moved to dismiss the aforesaid appeals (M-2069), And, plaintiff-appellant having cross-moved to serve and file an amended brief and appendix, and to adjourn the aforesaid appeals (M-2164), And, defendant-respondent, New York State Division of

Housing and Community Renewal, having cross-moved to dismiss the aforesaid appeals or, in the alternative, to adjourn the perfected appeals (M-2196), Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, it is Ordered that the motion and cross motion, to the extent they seek to dismiss plaintiff's appeals, are denied. The cross motions are granted to the extent of permitting plaintiff-appellant to serve and file an amended brief and appendix for the September 2017 Term, to which Term the appeals are adjourned. ENTERED: May 30, 2017

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Richard T. Andrias Paul G. Feinman Ellen Gesmer, Justices

M-2196

M-2164

M-2069

Index No. 101399/14