REEC West 11th Street LLC v 246 West 11th St. Realty Corp. et al. .

Motion No: M-4583

Slip Opinion No: 2017 NYSlipOp 88012(U)

Decided on October 5, 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.

October 5, 2017

REEC West 11th Street LLC,

Plaintiff-Appellant,

v

246 West 11th St. Realty Corp., et al.,

Defendants-Respondents.

Appeals having been taken from an order of the Supreme Court, New York County, entered on or about April 11, 2017,

and from an order, same Court, entered on or about June 14,

2017, and said appeal from the order entered June 14, 2017

having been perfected, And defendant-respondent having moved to adjourn the perfected appeal to the December 2017 Term; to compel plaintiff to perfect the appeal taken from the order entered April 11, 2017 for said Term and to consolidate the appeals such that defendant shall be required to file one responsive brief for both appeals, 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 adjourning the perfected appeal to the January 2018 Term; directing plaintiff to perfect the appeal taken from the

April 11, 2017 order for said Term and consolidating said

appeals. Plaintiff is directed to file a supplemental record

as to the appeal taken from the April 11, 2017 order. Plaintiff may either file 9 copies of an additional brief covering the appeal from the April 11, 2017 order, or a revised appellate brief addressing both appeals. Responsive briefing should be

on a single brief. ENTERED: October 5, 2017

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing, Justices

M-4583

Index No. 651014/17