Brian Mooney v BP/CG Center II LLC Citigroup Inc.Structure Tone Inc. Furniture Consulting Inc. and Steelcase Inc..

Motion No: M-3813

Slip Opinion No: 2018 NYSlipOp 83152(U)

Decided on September 13, 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.

September 13, 2018

Brian Mooney,

Plaintiff-Appellant,

v

BP/CG Center II, LLC, Citigroup, Inc.,Structure Tone, Inc., Furniture Consulting, Inc. and Steelcase, Inc., Defendants-Respondents. - - - - - - - - - - - - - -

Structure Tone, Inc.,

Third-Party Plaintiff-Respondent,

v Index No. 590086/13

Furniture Consulting, Inc.,

Third-Party Defendant-Respondent.

- - - - - - - - - - - - - -

[And other actions]

Appeals having been taken to this Court by plaintiff from the order of the Supreme Court, New York County, entered on or about August 15, 2017, and from the judgment, same Court and Justice, entered on or about October 12, 2017, And an order of this Court having been entered on

February 15, 2018 (M-5642/M-5297/M-5505/M-6198), inter alia, deeming the appeal from the order of the Supreme Court, New York County, entered on or about August 15, 2017, dismissed as subsumed in the appeal from the judgment of said Court, entered on or about October 12, 2017,And plaintiff-appellant having moved for an enlargement of time to perfect the aforesaid appeal (M-3532), And defendant-respondent Furniture Consulting, Inc. having cross-moved to dismiss the notice of appeal from the judgment entered on or about October 12, 2017, and to strike and modify this Court's order entered February 15, 2018 (M-5642/M-5297/M-5505/M-6198), wherein it states "as subsumed in the appeal from the judgment entered on October 12, 2017" to not be applicable as to Furniture Consulting, Inc., and for other relief (M-3675), And defendant-respondent Steelcase, Inc. (M-3998) and defendant-respondent BP/CG Center II, LLC (M-3813) having separately cross-moved to dismiss plaintiff's notice of appeal from the judgment entered on or about October 12, 2017, and to strike any references to either Steelcase or BP/CG in said notice of appeal, Now, upon reading and filing the papers with respect to the motion and cross motions, 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 appeal to the February 2019 Term. The cross motions are denied. ENTERED: September 13, 2018

_____________________ CLERK

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

M-3813

M-3998

M-3675

M-3532

Index No. 153483/13