Clean Act Inc. v 4126 Realty Corp. .

Motion No: M-1113

Slip Opinion No: 2018 NYSlipOp 69884(U)

Decided on April 17, 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 17, 2018

Clean Act, Inc.,

Plaintiff-Respondent,

v

4126 Realty Corp.,

Defendant-Appellant.

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about December 9, 2016, and said appeal having been perfected, And an order of this Court having been entered on January 18, 2018 (Corrected Order - February 7, 2018)(M-6428/M-6514), inter alia, striking defendant-appellant's record on appeal, granting defendant-appellant's motion for leave to file an amended record on appeal, and adjourning the perfected appeal to the May 2018 Term,And plaintiff-respondent having moved for dismissal of the aforesaid appeal for failure to comply with the order of this Court entered on February 7, 2018, with respect to requiring defendant-appellant to file an amended record for the May 2018 Term, 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 denied. Sua sponte, defendant-appellant's time to comply with the order of this Court entered February 7, 2018, is extended by 30 days from the date of entry hereof. The appeal is adjourned to the September 2018 Term. ENTERED: April 17, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli Richard T. Andrias,Justices

M-1113

Index No. 113457/11