Murlar Equities Partnership v Franklin Jimenez

Motion No: M-6180

Slip Opinion No: 2018 NYSlipOp 62623(U)

Decided on January 30, 2018

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.

January 30, 2018

Murlar Equities Partnership,

Plaintiff-Respondent-Appellant,

v

Franklin Jimenez,

Defendant-Appellant-Respondent,

-and-

NYC Environmental Control Board,

et al.,

Defendants.

A purported appeal having been taken by plaintiff-respondent-appellant, Murlar Equities Partnership, from

a decision of the Supreme Court, Bronx County, entered on or about September 7, 2016, And, an appeal having been taken by defendant-appellant- respondent, Franklin Jimenez, from an order entered on or about October 17, 2017, and said appeal having been perfected, And, plaintiff-respondent-appellant, having taken a cross appeal from the order entered on or about October 17, 2017, And plaintiff-respondent-appellant having moved to enlarge the time to perfect its cross appeal from the September 7, 2016 order and to consolidate that appeal with its cross appeal and defendant-appellant-respondent's appeal from the order entered on or about October 17, 2017; and for leave to file a supplemental record on appeal containing certain specified documents, 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 on consent to the extent of granting plaintiff leave to file, within 10 days of this order, a supplemental record containing a full copy of the order entered on or about October 17, 2017 and plaintiff's notice of cross-appeal, dated November 16, 2017, from that order. Plaintiff's purported appeal from the decision entered on or about September 7, 2016, is dismissed as from a non-appealable

order. That branch of the motion which seeks consolidation of the appeal and cross appeal from the order entered on or about October 17, 2017, is denied as unnecessary (22 NYCRR 600.10

[d][2]). The perfected appeal is adjourned to the May 2018 Term and the plaintiff is directed to file as the respondent-cross appellant on or before March 21, 2018, for that Term. ENTERED: January 30, 2018

_____________________ CLERK

Present - Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing, Justices

M-6180

Index No. 17611/06