| 245 Fifth Owner LLC v Enigma Tech. Inc. |
| Motion No: 570100/24 |
| Slip Opinion No: 2024 NY Slip Op 67843(U) |
| Decided on May 17, 2024 |
| Appellate Term, First 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. |
May 17, 2024
245 Fifth Owner LLC v Enigma Tech. Inc.
It is Ordered that the motion of the respondent-appellant seeking an order to consolidate the appeals and to produce one record and one brief on appeal is granted. The respondent-appellant may produce an abbreviated record on appeal which omits the exhibits pertaining to the lease and sublease agreements - Exhibits A through D referenced on NYSEF as documents numbered 34 through 37, respectively. Respondent-appellant shall however provide one copy of said documents to the court at the time the appeal is perfected.
It is Further Ordered that respondent-appellant shall perfect their appeal on or before the October 2024 term, the filing deadline for which is August 6, 2024. Respondent's briefs are to be filed on or before August 28, 2024. Reply briefs, if any, are due no later than September 5, 2024.
It is Further Ordered that respondent's application seeking a stay of the enforcement of the judgment pending appeal is denied as moot, respondent-appellant having posted an undertaking pursuant to CPLR § 5519(a)(2).
By: Hagler, P.J., Tisch, James, J.J.
Motion No. 570100/24