Appellate Division: Second Judicial Department

M275266

E/sl

ROBERT J. MILLER, J.P.

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-00961, 2018-01239, 2018-07020 203-205 N 8th Street, LLC, respondent, v 203-205 North 8th Street Loft, LLC, et al., appellants, et al., defendants. (Index No. 509303/2015)

DECISION & ORDER ON MOTION

2020-01295

203-205 N 8th Street, LLC, respondent,

v 203-205 North 8th Street Loft, LLC,

et al., appellants, et al., defendants.

(Action No. 1)

3052 Brighton 1st Street II, LLC, respondent,

v 3052 Brighton First, LLC, appellant, et al.,

defendants.

(Action No. 2)

(Index Nos. 509303/2015, 509304/2015)

Appeals from an amended judgment of the Supreme Court, Kings County, dated December 4, 2017, and three orders of the same court dated November 1, 2017, May 7, 2018, and February 6, 2020, respectively. Motion by the appellants 203-205 North 8th Street Loft, LLC and Chaim Miller, inter alia, to stay enforcement of the judgment and the sale of the subject premises, pending hearing and determination of the appeals, for leave to appeal from the order dated February 6, 2020, and to consolidate the appeal from the order dated February 6, 2020, with the other appeals.

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 for leave to appeal from the order dated February 6, 2020, is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the order dated February 6, 2020, is extended, and on or before February 26, 2021, the appellants 203-205 North 8th Street Loft, LLC and Chaim Miller shall serve the record or appendix and appellants' brief and upload digital copies of the record or appendix and appellants' brief, with proof of service thereof, through the digital portal on this Court's website, and the appellants 203-205 North 8th Street Loft, LLC and Chaim Miller shall file an original and five hard copies of the record or appendix and appellants' brief in accordance with any applicable administrative order or order to be issued by the Court; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., CONNOLLY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court