Terrastone Audubon L.P. v Blair Ventures LLC

Motion No: M-2708

Slip Opinion No: 2017 NYSlipOp 85432(U)

Decided on September 12, 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.

September 12, 2017

Terrastone Audubon, L.P.,

Plaintiff,

v

Blair Ventures, LLC, Defendant-Appellant,

Arthur Fein, et al.,

Defendants,

-and-

Mont York Associates, L.P.,

Defendant-Intervenor.

Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about July 1, 2016 and August 23, 2015; and an appeal having been taken from a judgment of said Court, entered on or about August 25, 2016, And defendant-appellant having moved for consolidation of the aforesaid appeals or, in the alternative, dismissal of the appeal from the order entered on or about July 1, 2016 or, in the alternative, to withdraw the appeal from the order entered on or about July 1, 2016, and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent

of deeming the appeals from the orders entered on or about

July 1, 2016 and August 23, 2016, as subsumed in the appeal

from the judgment entered on or about August 25, 2016. The

time to perfect the appeal from the judgment entered on or

about August 25, 2016 is enlarged to the January 2018 Term. ENTERED: September 12, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick Ellen Gesmer, Justices

M-2708

Index No. 108948/10