| SJA W. 21 St. Corp. v Rubio, Targelia |
| Motion No: 570384/17 |
| Slip Opinion No: 2017 NY Slip Op 79525(U) |
| Decided on July 11, 2017 |
| Appellate Term, 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. |
July 11, 2017
SJA W. 21 St. Corp. v Rubio, Targelia
It is Ordered that the motion and cross motion are consolidated for disposition.
It is further Ordered that petitioner-respondent's motion to dismiss the appeal is granted, unless the appeal is perfected by no later than the November 2017 term - the filing deadline is September 13, 2017. In the event of appellant's failure to comply with the foregoing condition, the respondent may move on five days' notice for an order dismissing the appeal. The papers submitted as a cross motion, not having been timely served, were considered solely in opposition to the motion (see CPLR 2215).
By: Schoenfeld, Shulman, Ling-Cohan, J.J.
Motion No. 570384/17