| 336 14th St., LLC v Amy Goffio-mahabir |
| Motion No: 2021-00469 KC |
| Slip Opinion No: 2022 NY Slip Op 61171(U) |
| Decided on January 27, 2022 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
MICHELLE WESTON
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| 336 14th Street, LLC, Appellant-Respondent, v Amy Goffio-Mahabir, Respondent-Appellant, "John Doe" and "Jane Doe", Respondents. |
Motion by respondent-appellant Amy Goffio-Mahabir to dismiss appellant-respondent's appeal from an order of the Civil Court of the City of New York, Kings County, entered June 24, 2021 or, in the alternative, to strike the record filed by appellant-respondent as improper, consolidate appellant-respondent's appeal (appeal No. 2021-469 K C) with respondent-appellant's cross appeal (appeal No. 2021-511 K C) and for an enlargement of time for the parties to file a joint record or, in the alternative, upon consolidation of the appeal and cross appeal, for 60 days for respondent-appellant to file a supplemental record. Cross motion by appellant-respondent to dismiss respondent-appellant's cross appeal as untimely, or in the alternative, to direct respondent-appellant to file a supplemental record on appeal to include respondent-appellant's notice of cross appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of respondent-appellant's motion seeking to consolidate the appeal and cross appeal is granted and the appeal and cross appeal are consolidated under appeal No. 2021-469 K C; and it is further,
ORDERED that the branch of respondent-appellant's motion seeking to strike the record filed by appellant-respondent is granted and appellant-respondent's appeal is stricken from the general calendar and appellant-respondent's brief shall be returned; and it is further,
ORDERED that the branch of respondent-appellant's motion seeking an enlargement of time to perfect the appeal and cross appeal is granted and the parties are directed to file a joint record and briefs within 60 days of this decision and order in accordance with this court's rules; and it is further,
ORDERED that the remaining branches of respondent-appellant's motion are denied; and it is further,
ORDERED that appellant-respondent's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk