| Milligan v 606 West 57 LLC |
| Motion No: 2022-05209 |
| Slip Opinion No: 2024 NY Slip Op 67444(U) |
| Decided on May 10, 2024 |
| 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
M296277
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
LAURENCE L. LOVE, JJ.
|
2022-05209 Matthew Milligan, respondent, v 606 West 57 LLC, et al., appellants. (Index No. 521031/2017)
| DECISION & ORDER ON MOTION |
2023-06857
Matthew Milligan, respondent,
v 606 West 57 LLC, et al., appellants.
(Index No. 521031/2017)
Appeals from two orders of the Supreme Court, Kings County, dated May 23, 2022, and May 22, 2023, respectively. Motion by the appellant, in effect, to consolidate the appeals and to deem the record and briefs filed in connection with the appeal from the order dated May 23, 2022, also to be filed in connection with the appeal from the order dated May 22, 2023, or, in the alternative, to extend the time to perfect the appeal from the order dated May 22, 2023. Separate motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are, in effect, to consolidate the appeals, and to deem the record and briefs filed in connection with the appeal from the order dated May 23, 2022, also to be filed in connection with the appeal from the order dated May 22, 2023, is denied; 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 branch of the motion which is to extend the time to perfect the appeal from the order dated May 22, 2023, is granted, and on or before June 10, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals, is denied.
CONNOLLY, J.P., CHRISTOPHER, GENOVESI and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court