John Stevens and Martha Stevens v 680 St. Nicholas LLC and Arkar Inc.

Motion No: M-384

Slip Opinion No: 2018 NYSlipOp 69417(U)

Decided on April 12, 2018

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.

April 12, 2018

John Stevens and Martha Stevens,

Plaintiffs-Respondents,

v

680 St. Nicholas, LLC, and Arkar, Inc., Defendants-Respondents,

136 Street Donuts LLC and Lenox Avenue

Donuts, incorrectly sued herein as

Dunkin Donuts,

Defendants-Appellants.

680 St. Nicholas, LLC, and Arkar, Inc., Third-Party Third-Party Plaintiffs-Respondents, Index No. 590914/13 v

145th Street Donuts, LLC, Third-Party Defendant-Appellant.

-----------------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 12, 2016, And plaintiffs-respondents having moved to dismiss the aforesaid appeal for failure to timely perfect (M-413) And defendants-appellants/third-party defendant-appellant having cross-moved for a further enlargement of time to perfect their appeal taken from the aforesaid order (M-384), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is denied (M-413). The cross motion is granted to the extent of enlarging the time to perfect the appeal to the September 2018 Term, with no further enlargements to be granted (M-384). ENTERED: April 12, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding,Rosalyn H. Richter Angela M. Mazzarelli Barbara R. Kapnick Ellen Gesmer, Justices

M-384

M-413

Index No. 154103/12