Metro Sixteen Hotel LLC et al. v DC #9 Roland Davis .

Motion No: M-2643

Slip Opinion No: 2018 NYSlipOp 79317(U)

Decided on August 2, 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.

August 2, 2018

Metro Sixteen Hotel, LLC, et al.,

Plaintiffs-Respondents,

v

DC #9

Roland Davis, Defendant-Appellant.

An appeal having been taken by defendant-appellant from the order of the Supreme Court, New York County, entered on or about November 3, 2016, which was deemed subsumed into the appeal taken from a judgment of the same Court, entered on or about November 16, 2016, by order of this Court entered on November 14, 2017 (M-4227), And said appeal not having been brought on for hearing pursuant to the provisions of the Rules of Practice of the Appellate Division, First Department,And a calendar call having been held by the Clerk of the Court on May 31, 2018, pursuant to Rule 600.12(c) of said Rules of Practice, and there being no response by counsel and/or appellant, Now, upon the Court's own motion, it is Ordered that the motion is granted and the appeal is dismissed. ENTERED: August 2, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton, Justices

M-2643

Index No. 159720/13