Opinion
Motion No: M-613
04-25-2019
Maxim Inc. and Sardar Biglari, Plaintiffs-Respondents, v. Wayne Gross and Jason Feifer, Defendants-Appellants.
Appeals having been taken to this Court from the order of the Supreme Court, New York County, entered on or about March 6, 2018, which decided four motions in this action (Calendar No. 2018-797), and the order of the same court entered on or about January 8, 2019, which decided three motions in this action (Calendar Nos. 2019-225, 2019-226 and 2019-228), And defendant-appellant Jason Feifer, in separate motions for each calendar number, having moved for an order (1) consolidating the aforesaid appeals; (2) enlarging the time to perfect the appeal from the March 6, 2018 order (Calendar No. 2018-797); and (3) granting a calendar preference and expediting the briefing schedule for the consolidated appeals,Now, upon reading and filing the papers with respect to the motions and due deliberation having been had thereon, it is Ordered that the branch of the motions seeking to enlarge the time to perfect the appeal taken from the order of the Supreme Court, New York County, entered on or about March 6, 2018 (Calendar No. 2018-797) is denied as unnecessary, the time to perfect said appeal having been enlarged to the September 2019 Term by order of this Court entered simultaneously herewith (see M-6364, M-6365), and it is further Ordered that the branch of the motions seeking to consolidate the appeals from the order of the Supreme Court, New York County, entered on or about March 6, 2018 (Calendar No. 2018-797), and the order of the same court entered on or about January 8, 2019 (Calendar Nos. 2019-225, 2019-226 and 2019-228), is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9 [f][3]), and it is further Ordered that the branch of the motions seeking a calendar preference and expediting the briefing schedule for the consolidated appeals is denied.
ENTERED: April 25, 2019
_____________________ CLERK
PRESENT: Hon. Rolando T. Acosta, Justice Presiding, John W. Sweeny, Jr. Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices
M-613
M-612
M-611
M-610
Index No. 654137/15