Martin Stoner v Atlantic Realty Apts. LLC et al.

Motion No: M-3400

Slip Opinion No: 2017 NYSlipOp 80796(U)

Decided on July 25, 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.

July 25, 2017

Martin Stoner,

Plaintiff-Appellant,

v

Atlantic Realty Apts., LLC,

et al.,

Defendants-Respondents.

Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about September 23, 2015 and February 4, 2016, respectively, and said appeals having been perfected, And an order of this Court having been entered on May 30, 2017 (M-2069/M-2164/M-2196), inter alia, denying dismissal of plaintiff's appeal, and granting plaintiff-appellant to file an amended brief and appendix for the September 2017 Term, to which Term the appeals were adjourned, And defendant-respondent Atlantic Realty Apts., LLC having moved, pursuant to CPLR 2221(d), for reargument of the order of this Court entered on May 30, 2017 (M-2069/M-2164/M-2196) and, upon reargument, for vacatur of the order to the extent it adjourned the appeal to the September 2017 Term (M-3343), And plaintiff-appellant pro se having cross-moved for

an order striking or denying the motion filed by defendant-respondent Atlantic Realty Apts., LLC, for sanctions against

said defendant-respondent for frivolous motion practice, and

for other relief (M-3400), 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 denied. The cross motion is denied. ENTERED: July 25, 2017

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Richard T. Andrias Ellen Gesmer, Justices

M-3400

M-3343

Index No. 101399/14