Daniel J. McManus et al. v the Athena Group L.L.C. et al.

Motion No: M-2310

Slip Opinion No: 2017 NYSlipOp 79125(U)

Decided on July 6, 2017

Appellate Division, 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.

July 6, 2017

Daniel J. McManus, et al.,

Plaintiffs-Respondents,

v

The Athena Group, L.L.C., et al.,

Defendants-Appellants. - - - - - - - - - - - - - - - -The Athena Group, L.L.C., et al.,

Third-Party Plaintiffs-Appellants,

v

Port Morris Tile & Marble, Corp.,

Third-Party Defendant-Respondent.

Separate appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 20, 2016,And defendants-appellants having moved for an order deeming their notice of appeal, dated August 2, 2016 timely filed, and for an enlargement of time to perfect that appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of deeming the notice of appeal dated August 2, 2016, timely filed (CPLR 5520). The time to perfect the appeals from the order

entered on or about June 20, 2016, is enlarged to the October 2017 Term. The Clerk is directed to calendar the appeals for hearing together in said Term. ENTERED: July 6, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Dianne T. Renwick Rosalyn H. Richter Troy K. Webber,Justices

M-2310

Index No. 113868/09