In the Matter of the Application of James Pettus and Charlene Thompson

Motion No: M-4170

Slip Opinion No: 2018 NYSlipOp 88616(U)

Decided on November 15, 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.

November 15, 2018

In the Matter of the Application of

James Pettus and Charlene Thompson,

Petitioners-Appellants,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v Board of Director(s) 800 Grand

Concourse Owners, and Charles H.

Greenthal, Agent/Mgmt.,

Respondents-Respondents.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about February 2, 2016, which denied petitioners-appellants' motion to renew and reargue various motion and which directed petitioners-appellants to file no further motions without obtaining leave of court, And the appeal having appeared on this Court's Dismissal Calendar for May 31, 2018 for failure to timely perfect, and this Court, by order entered July 10, 2018, having, sua sponte, enlarged petitioners-appellants' time to perfect the appeal to the December 2018 Term (M-2650), And respondents-respondents having moved to set aside the aforesaid order of this Court, entered July 10, 2018, to dismiss the appeal pursuant to the Supreme Court, New York County's vexatious litigation order entered June 16, 2015, and enforced by this Court by order entered July 19, 2018 (M-2223, M-2629), and

to bar petitioners from filing any further motions, appeals, or applications without first obtaining leave of this Court upon a showing of good cause, 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 to the extent of dismissing the appeal from the February 2, 2016 order due to petitioners-appellants' failure to perfect for the December 2018 Term, and It is further ordered that petitioners-appellants are enjoined from filing any papers in this Court that have any relation to or connection with this matter without prior leave of this Court. The motion is otherwise denied.ENTERED: November 15, 2018

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Judith J. Gische Peter Tom,Justices

M-4170

Index No. 250113/15