Finkelstein Newman Ferrara LLP v AVEMM Corp., & Apolon, J. It is Ordered that motion & cross-motion are consolidated for disposition. It is further Ordered that defendants-appellants' motion is granted to extent of permitting record on appeal to be filed without all of respondent's trial exhibits, if not available to appellants, within 5 days after service of a copy of this order upon respondent's counsel. appeal is to be perfected by May 2018 term

Finkelstein Newman Ferrara LLP v AVEMM Corp., & Apolon, J. It is Ordered that motion & cross-motion are consolidated for disposition. It is further Ordered that defendants-appellants' motion is granted to extent of permitting record on appeal to be filed without all of respondent's trial exhibits, if not available to appellants, within 5 days after service of a copy of this order upon respondent's counsel. appeal is to be perfected by May 2018 term - filing deadline is Mar. 13, 2018.

Finkelstein Newman Ferrara LLP v AVEMM Corp.
Motion No: 570798/17
Slip Opinion No: 2018 NY Slip Op 62095(U)
Decided on January 23, 2018
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.

January 23, 2018

It is also further Ordered that plaintiff-respondent's cross-motion seeking to dismiss, as untimely, appellant's appeal from the judgment entered on or about July 10, 2014 is denied. The portion of the cross-motion to which seeks to dismiss the notice of appeal dated January 15, 2015, for failure to prosecute is denied. That notice of appeal is deemed to be withdrawn.

By: Shulman, P.J., Ling-Cohan, Cooper, J.J.

Motion No. 570798/17