Appellate Division: Second Judicial Department

M240558

E/ct

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2015-07025, 2015-09865, 2015-12653 Brett E. Wynkoop, et al., appellants-respondents, v 622A President Street Owners Corp., et al., respondents, Kyle Taylor, et al., respondents- appellants. (Index No. 507156/13)

DECISION & ORDER ON MOTION

2015-09864, 2015-10235, 2015-10236

Brett E. Wynkoop, et al., appellants,

v 622A President Street Owners Corp.,

et al., respondents.

(Index No. 507156/13)

2016-05842, 2016-11142

Brett E. Wynkoop, et al., appellants,

v 622A President Street Owners Corp.,

et al., respondents, et al., defendant.

(Index No. 507156/13)

Motion by Brett E. Wynkoop and Kathleen Keske on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 13, 2015, appeals from two orders of the same court dated September 15, 2015, and November 7, 2014, respectively, appeals from three orders of the same court, one dated September 15, 2015, and two dated October 16, 2015, and appeals from two orders of the same court dated April 11, 2016, and July 25, 2016, respectively, to withdraw the appeal from the order dated September 15, 2015, under Appellate Division Docket No. 2015-09865, to impose a sanction upon the respondents-appellants and for an award of costs based upon the respondents-appellants' failure to execute a stipulation to withdraw that appeal, and, in effect, to calendar the remaining appeals and cross appeal together.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to withdraw the appeal from the order dated September 15, 2015, under Appellate Division Docket No. 2015-09865 is granted and that appeal is deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is to impose a sanction upon the respondents-appellants and for an award of costs based upon the respondents-appellants' failure to execute a stipulation to withdraw the appeal from the order dated September 15, 2015, under Appellate Division Docket No. 2015-09865 is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to calendar the remaining appeals and cross appeal together is granted, the remaining appeals and cross appeal will be calendared together, and they will be argued or submitted on the same date.

HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court