| 3052 Brighton 1St Street II, LLC v 3052 Brighton First, LLC |
| Motion No: 2018-01122 |
| Slip Opinion No: 2021 NY Slip Op 60865(U) |
| Decided on January 27, 2021 |
| 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
M273515
E/sl
ROBERT J. MILLER, J.P.
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2018-01122, 2018-01242, 2018-07018 3052 Brighton 1st Street II, LLC, respondent, v 3052 Brighton First, LLC, appellant, et al., defendants. (Index No. 509304/2015)
| 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 a judgment of the Supreme Court, Kings County, dated November 1, 2017, and three orders of the same court dated November 1, 2017, May 7, 2018, and February 6, 2020, respectively. Motion by the appellant 3052 Brighton First, LLC, 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 no papers having been filed in opposition or in relation 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 appellant 3052 Brighton First, LLC shall serve the record or appendix and appellant's brief and upload digital copies of the record or appendix and appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant 3052 Brighton First, LLC shall file an original and five hard copies of the record or appendix and appellant's brief in accordance with any applicable administrative order or other 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