Lawrence Kingsley v 300 W. 106th St. Corp. .

Motion No: M-4463

Slip Opinion No: 2017 NYSlipOp 86991(U)

Decided on September 26, 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 26, 2017

Lawrence Kingsley,

Plaintiff-Appellant,

v

300 W. 106th St. Corp.,

Defendant-Respondent.

An appeal having been taken by plaintiff from the order of the Supreme Court, New York County, entered on or about June 27, 2016, and said appeal having been perfected, And further appeals having been taken by plaintiff from three orders of the Supreme Court, New York County, entered on or about March 23, 2017, and from two orders of said Court and Justice entered on or about June 6, 2017, respectively, And an order of this Court having been entered on May 2, 2017 (M-672/M-1792), adjourning the perfected appeal to the October 2017 Term, and consolidating the perfected appeal from the order entered on or about June 27, 2016 with the appeals from orders entered on or about March 23, 2017, And plaintiff-appellant having moved for an enlargement of time to perfect the appeals from the orders entered on or about March 23, 2017 and June 26, 2017, for consolidation of all the aforesaid appeals, and for a stay of use and occupancy payments pending hearing and determination of the consolidated appeals

(M-4283), And defendant-respondent having cross-moved for dismissal of the appeals from the orders entered on or about March 23, 2017 and June 26, 2017 (M-4463), 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 granted to the extent of consolidating all of the appeals, and appellant is permitted to prosecute the consolidated appeals upon 9 copies of one record and one set of appellant's points covering the consolidated appeals. The attention of the parties is directed to 22 NYCRR § 600.11. The time to perfect the consolidated appeals is enlarged to the February 2018 Term. The motion, to the extent it seeks a stay, is denied, and it is further, Ordered that the cross motion to dismiss the consolidated appeals is granted unless the consolidated appeals are perfected on or before December 4, 2017 for said February 2018 Term. ENTERED: September 26, 2017

_____________________ CLERK

Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-4463

M-4283

Index No. 162016/15