| 286 Corbin Owners Corp. v Berger |
| Motion No: 2022-00856 |
| Slip Opinion No: 2023 NY Slip Op 68635(U) |
| Decided on June 14, 2023 |
| 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
M289530
AFA/
COLLEEN D. DUFFY, J.P.
LARA J. GENOVESI
DEBORAH A. DOWLING
HELEN VOUTSINAS, JJ.
|
2022-00856 286 Corbin Owners Corp., appellant, v David Berger, etc., et al., respondents, et al., defendant. (Index No. 513265/2020)
| DECISION & ORDER ON MOTION |
2022-09127
286 Corbin Owners Corp., appellant,
v David Berger, etc., et al., respondents.
(Index No. 513265/2020)
Appeals from two orders of the Supreme Court, Kings County, dated January 3, 2022, and September 30, 2022, respectively. Motion by the appellant to extend the time to perfect the appeal from the order dated January 3, 2022, and to calendar and determine the appeals together. Motion by the respondents to dismiss the appeal from the order dated September 30, 2022, on the ground that no appeal lies from an order denying a motion for reargument. Cross-motion by the appellant to extend the time to perfect the appeals, to calendar and determine the appeals together, and for an award of costs.
Upon the papers filed in support of the appellant's motion and cross-motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion and the branches of the cross-motion which are to extend the time to perfect the appeals and to calendar and determine the appeals together are granted; and it is further,
ORDERED that on or before July 14, 2023, the appellant shall serve and file the records or appendices and the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellant's briefs and upload digital copies of the records or appendices and the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the branch of the cross-motion which is for an award of costs is denied; and it is further,
ORDERED that the respondents' motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
DUFFY, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court