Francis Carling v Kristan Peters .

Motion No: M-2737

Slip Opinion No: 2018 NYSlipOp 81352(U)

Decided on August 23, 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 23, 2018

Francis Carling,

Plaintiff-Appellant-Respondent,

v

Kristan Peters,

Defendant-Respondent-Appellant.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about February 17, 2016, August 8, 2017 and from a judgment of the same Court and Justice, entered on or about September 8, 2017,And plaintiff-appellant-respondent having moved for dismissal of the appeal taken by defendant-respondent-appellant from the aforesaid judgment, entered on or about September 8, 2017, as untimely taken, and for an enlargement of time to perfect his own appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that so much of the motion seeking dismissal of the appeal taken by defendant from the judgment entered on or about September 8, 2017 is denied. So much of plaintiff's motion seeking an enlargement of time to perfect his appeals is denied, with leave to renew, upon submission of copies of the notices of appeal and the orders and judgment appealed from.ENTERED: August 23, 2018

_____________________ DEPUTY CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Troy K. Webber Cynthia S. Kern Jeffrey K. Oing, Justices

M-2737

Index No. 651203/13