| Boerum Johnson, LLC v Marte |
| Motion No: 2020-09232 |
| Slip Opinion No: 2021 NY Slip Op 65277(U) |
| Decided on April 28, 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
M276853
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
PAUL WOOTEN, JJ.
|
2020-09232 Boerum Johnson, LLC, respondent, v Emenegilda Marte, et al., appellants, et al., defendants. (Index No. 516295/2019)
| DECISION & ORDER ON MOTION |
2020-09274
Emenegilda Marte, et al., appellants,
v Boerum Johnson, LLC, respondent.
(Index No. 518962/2019)
2021-01103
Boerum Johnson, LLC, respondent,
v Emenegilda Marte, et al., appellants,
et al., defendants.
(Index No. 516295/2019)
2021-01104
Emenegilda Marte, et al., appellants,
v Boerum Johnson, LLC, respondent.
(Index No. 518962/2019)
Appeals from two orders of the Supreme Court, Kings County, both dated October 29, 2020, and two orders of the same court both dated January 7, 2021. Motion by the appellants for leave to appeal to this Court from the orders dated January 7, 2021, to stay enforcement of all four orders, pending hearing and determination of the appeals, to consolidate the appeals, and to enlarge the record on the appeals from the orders dated October 29, 2020, to include certain Building Department records.
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 so much of the orders dated January 7, 2021, as denied leave to renew is denied as unnecessary as those portions of the orders are appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals under Appellate Division Docket Nos. 2020-09232 and 2021-01103 is denied as unnecessary as those appeals may be consolidated with each other as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals under Appellate Division Docket Nos. 2020-09274 and 2021-01104 is denied as unnecessary as those appeals may be consolidated with each other as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that on the Court's own motion, the appeals under Appellate Division Docket Nos. 2020-09232 and 2021-01103 will be calendared together with the appeals under Appellate Division Docket Nos. 2020-09274 and 2021-01104 and will be argued or submitted on the same date; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., AUSTIN, LASALLE and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court