Antonio Olivia v Second Avenue and 30th Street LLC and Anagap Restaurant Inc. doing

Motion No: M-598

Slip Opinion No: 2018 NYSlipOp 70076(U)

Decided on April 19, 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 19, 2018

Antonio Olivia,

Plaintiff,

v

Second Avenue and 30th Street LLC,

and Anagap Restaurant Inc., doing

business as Failte Irish Whiskey

Bar,

Defendants-Respondents.

Anagap Restaurant Inc., doing

business as Failte Irish Whiskey

Bar, Third-Party Third-Party Plaintiff- Index No. 151569/12 Respondent, v

John Bonsignore, Jr., Third-Party Defendant- Appellant.

-----------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about January 6, 2017,

and said appeal having been perfected, And defendant/third-party plaintiff-respondent having

moved for the dismissal of the aforesaid perfected appeal for failure to file the notice of appeal within 30 days of service

of notice of entry of the order on appeal (CPLR 5513[a]) or, in the alternative, for an extension of time to file a respondent's brief, 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 and the aforesaid perfected appeal is dismissed. ENTERED: April 19, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Richard T. Andrias Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-598

Index No. 151569/12