| Keshner v Hein Waters & Klein |
| Motion No: 2017-09228 |
| Slip Opinion No: 2019 NY Slip Op 62533(U) |
| Decided on February 7, 2019 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M259988
E/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2017-09228 Maurice Keshner, appellant, v Hein Waters & Klein, et al., respondents. (Index No. 711923/16)
| DECISION & ORDER ON MOTION |
2018-04357
Maurice Keshner, respondent,
v Hein Waters & Klein, et al., appellants.
(Index No. 711923/16)
2018-12090
Maurice Keshner, respondent,
v Hein Waters & Klein, et al., appellants.
(Index No. 711923/16)
Motion by Maurice Keshner, inter alia, in effect, to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 19, 2017, to dismiss an appeal from an order of the same court entered February 23, 2018, on the ground that it has been rendered academic by an order of the same court entered September 27, 2018, or, in the alternative, to extend the time to serve and file a brief in connection with the appeal from the order entered February 23, 2018, and to extend the time to serve and file a brief in connection with the appeal from the order entered September 27, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to withdraw the appeal from the order dated July 19, 2017, is denied as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered February 23, 2018, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branches of the motion which are to extend the time to serve and file briefs in connection with the appeals from the orders entered February 23, 2018, and September 27, 2018, are granted, and the time to serve and file those briefs is extended until March 11, 2019; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appeals from the orders entered February 23, 2018, and September 27, 2018, will be calendared together and will be argued or submitted on the same date.
BALKIN, J.P., ROMAN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court