Barklee 94 LLC v Augustus Oliver and Lisbeth Oliver .

Motion No: M-3831

Slip Opinion No: 2017 NYSlipOp 91795(U)

Decided on November 9, 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.

November 9, 2017

Barklee 94 LLC,

Plaintiff-Appellant,

v

Augustus Oliver and Lisbeth Oliver,

Defendants-Respondents.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about April 25, 2016 and October 31, 2016, respectively, and the appeals from the April 25, 2016, and October 31, 2016 orders having been perfected, And defendants-respondents having moved to dismiss the perfected appeals, or in the alternative, to direct plaintiff to file a supplemental record on appeal which includes a judgment from the same Court and Justice entered on June 29, 2017, 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 dismissing the perfected appeals from the orders entered April 26, 2016 and October 31, 2016 and striking the appeals from this Court's calendar. The interim stay granted by a Justice of this Court on July 18, 2017 is vacated. (See M-3713, decided simultaneously herewith). ENTERED: November 9, 2017

_____________________ CLERK

PRESENT: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3831

Index No. 100346/13