Board of Directors of Windsor Owners v Elaine Platt .

Motion No: M-6051

Slip Opinion No: 2017 NYSlipOp 96782(U)

Decided on December 28, 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.

December 28, 2017

Board of Directors of Windsor Owners

Corp.,

Plaintiff-Respondent,

v

Elaine Platt,

Defendant-Appellant.

Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about January 6, 2016 and June 9, 2017, and defendant having perfected a portion of the appeal from the order entered on or about June 9, 2017, And an order of this Court having been entered on September 12, 2017 (M-3352/M-3502), inter alia, enlarging the time to perfect the appeal from the order entered on or about January 6, 2016 to the January 2018 Term, consolidating the aforesaid appeals, and denying plaintiff-respondent's cross motion for dismissal of the aforesaid appeals, And defendant-appellant having moved for leave to compel the Clerk's office to accept for filing the defendant's brief and appendix from the orders entered on or about January 6, 2016 and June 9, 2017 (M-6050), And plaintiff-respondent having cross-moved for dismissal of the appeal from the order entered January 6, 2016 or, in the alternative, to deem defendant's perfected appeal to be superceded by the appeals she wants perfected for the January 2018 Term, or to extend plaintiff's time to respond to the perfected appeal, Now, upon reading and filing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 enlarging the time to perfect the consolidated appeals from the order entered on or about June 6, 2016, and all aspects of the order entered on or about June 7, 2017, to the April 2018 Term, and the motion is otherwise denied, and it is further, Ordered that the cross motion is granted to the extent of striking defendant's perfected appeal from a separate portion of the 2017 order, without prejudice to defendant perfecting the previously consolidated appeals from the June 6, 2016 order and the entire June 7, 2017 order on or before January 29, 2018 for the April 2018 Term. Said brief shall incorporate arguments made in the previously filed brief pertaining to the appeal from the order entered on or about June 7, 2017, any additional arguments pertaining to said order, and any arguments from the appeal from the order entered on or about June 6, 2016, and upon a joint appendix in compliance with 22 NYCRR § 600.10(c). It is further ordered that defendant's appeal from the order entered on or about June 6, 2016 is dismissed unless the consolidated appeals are perfected for said April 2018 Term. ENTERED: December 28, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick,Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-6051

M-6050

Index No. 155985/14