Barclays Capital Inc. v Andrew Stuart Leventhal .

Motion No: M-3857

Slip Opinion No: 2018 NYSlipOp 83204(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

Barclays Capital Inc.,

Petitioner-Respondent,

v

Andrew Stuart Leventhal,

Respondent-Appellant.

Appeals having been taken to this Court from the order and the judgment of the Supreme Court, New York County, entered on or about August 14, 2017 and May 16, 2018, respectively, And petitioner-respondent having moved for dismissal of the appeal from the order entered on or about August 14, 2017, for failure to timely prosecute (M-3853), And respondent-appellant having cross-moved for an enlargement of time to perfect the appeal from the order entered on or about August 14, 2017, 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, sua sponte, the appeals are consolidated, and appellant is permitted to prosecute the consolidated appeals upon 9 copies of one record and one set of appellant's points covering the consolidated appeals. The attention of the parties is directed to 22 NYCRR § 600.11, and it is further, Ordered that the motion to dismiss the appeals is granted unless the appeals are perfected for the January 2019 Term (M-3853). The cross motion is granted to the extent of enlarging the time to perfect the consolidated appeals to said January 2019 Term (M-3857). ENTERED: September 13, 2018

_____________________ CLERK

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

M-3857

M-3853

Index No. 651527/16