| Vitale, John P. v 3800 Broadway Assoc. LLC et al. |
| Motion No: 570563/17/ |
| Slip Opinion No: 2017 NY Slip Op 94878(U) |
| Decided on December 7, 2017 |
| 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. |
December 7, 2017
Vitale, John P. v 3800 Broadway Assoc. LLC et al.
It is Ordered that the motion and cross-motion are consolidated for disposition.
It is further Ordered that the motion of the defendants-respondents seeking the dismissal of the instant appeal is granted, unless the plaintiff-appellant perfects his appeal by the March 2018 term the filing deadline for which is January 9, 2018. In the event of plaintiff-appellant's failure to perfect his appeal timely, defendants-
respondents may move on five days notice for an order dismissing the appeal.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570563/17/