Charles
v.
Levitt & Kaizer

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of the State of New YorkSep 13, 2018
2018 N.Y. Slip Op. 83260 (N.Y. App. Div. 2018)

M-3711 M-3516 M-3515

09-13-2018

Wayne Charles, Plaintiff-Appellant, v. Levitt & Kaizer, Richard Levitt, Nicholas Kaizer and Brendan White, Defendants-Respondents.


Plaintiff having moved for a further enlargement of time to perfect the consolidated appeals taken from orders of the Supreme Court, New York County, entered on or about February 8, 2017, and September 21, 2016 (M-3516), to enlarge the time to perfect from purported appeals taken from orders entered on or about May 9, 2018 and March 22, 2017, and for leave to prosecute said consolidated appeals as a poor person, for leave to have the consolidated appeals heard on the original record and upon a reproduced appellant's brief (M-3515), And defendants-respondents having cross-moved to dismiss the consolidated appeals for failure to timely perfect (M-3711), Now upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon,It is ordered that plaintiff's motion for an enlargement of time to perfect the consolidated appeals is denied (M-3516) as moot. Plaintiff's motion seeking leave to prosecute the consolidated appeals as a poor person is granted only with respect to future motion practice in this Court related to this action and the two purported appeals from orders entered on or about May 9, 2018 and March 22, 2017, and is otherwise denied (M-3515). Defendant's cross motion is granted and the consolidated appeals are dismissed.

ENTERED: September 13, 2018

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

Index No. 100117/16