1735 University Avenue Associates LLC v Andrews Development Corp.

Motion No: M-2072

Slip Opinion No: 2018 NYSlipOp 78042(U)

Decided on July 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.

July 19, 2018

1735 University Avenue Associates LLC,

Plaintiff-Appellant,

v

Andrews Development Corp.,

Defendant-Respondent.

Appeals having been taken from a judgment of the Supreme Court, Bronx County, entered on or about July 9, 2015, and from the "So Ordered" trial transcripts of the same Court, entered on or about April 15, 2016, And plaintiff-appellant having moved for an order deeming plaintiff's appeals as timely filed or, in the alternative, if this Court determines that the time to perfect the appeal runs from plaintiff's July 24, 2015 notice of appeal, to enlarge the time to perfect the appeal (M-1496), And defendant-respondent having cross-moved to deem the appeal as taken from the judgment entered on July 9, 2015 and, accordingly, to dismiss the appeal for failure to timely prosecute (M-2072), 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 is denied insofar as it seeks to deem the appeal as taken from the "So-Ordered" transcripts and insofar as it seeks an enlargement of time to perfect the appeal from the July 9, 2015 judgment (M-1496). The cross motion is granted to the extent of dismissing both of the aforesaid appeals (M-2072). ENTERED: July 19, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding,Sallie Manzanet-Daniels Angela M. Mazzarelli Barbara R. Kapnick Marcy L. Kahn, Justices

M-2072

M-1496

Index No. 6610/07