Estate of Theodore Lipin Robert G. v Joan C. Lipin

Motion No: M-7768

Slip Opinion No: 2019 NYSlipOp 84362(U)

Decided on November 19, 2019

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 19, 2019

Estate of Theodore Lipin, Robert G.

Lipin and Ann Susan Markatos,

Plaintiffs-Respondents,

v

Joan C. Lipin,

Defendant-Appellant.

Appeals having been taken to this Court by defendant-appellant from the orders of the Supreme Court, New York County, entered on or about July 12, 2019, June 17, 2019 and January 4, 2019, and the appeals having been perfected (Case Nos. 2019-1394 and 2019-1313), And an appeal having been taken to this Court by defendant-appellant from the judgment of the same court entered on or about October 15, 2019 (Case No. 2019-4195), and, And defendant-appellant having moved to consolidate (1) the perfected appeals (Case Nos. 2019-1394 and 2019-1313) with the unperfected appeal(Case No. 2019-4195), and (2) the aforesaid appeals in this action with the perfected appeals taken from the orders of the Supreme Court, New York County, entered on or about June 13, 2019, March 22, 2019 and January 2, 2019 in Lipin v Danske Bank, et al., Index No. 150972/14 (Case Nos. 2019-1302, 2019-1096, 2019-314), 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 that

defendant is directed to perfect the appeal from the judgment entered on or about October 15, 2019 (Case No. 2019-4195) for the March 2020 Term, to which term the perfected appeals (Case Nos.

2019-1394 and 2019-1313) in this action are adjourned. The motion to consolidate the aforementioned appeals in this action is denied as unnecessary (see 22 NYCRR 1250.9(f)(3), andIt is further ordered that the aforementioned perfected appeals in Lipin v Danske Bank, et al., Index No. 150972/14 (Case Nos. 2019-1302, 2019-1096, 2019-314) are adjourned to the March 2020 Term and the Clerk is directed to calendar all the appeals in both actions on the same date in said March 2020 Term. ENTERED: NOVEMBER 19, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Peter Tom Jeffrey K. Oing,,Justices

M-7768

Index No. 153731/18