| In the Matter of the General Assignment for the Benefit of Creditors of 4042 East Tremont Caf‚ Corp. |
| Motion No: M-4398 |
| Slip Opinion No: 2018 NYSlipOp 85931(U) |
| Decided on October 11, 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. |
October 11, 2018
In the Matter of the General Assignment
for the Benefit of Creditors of
4042 East Tremont CafÉ Corp.,
Assignor-Appellant-Respondent, v Anthony Sodono, III,
Assignee-Respondent-Appellant.
An appeal and cross appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about February 27, 2018, And Quintairos, Prieto, Wood & Boyer, P.A., counsel for assignor 4042 East Tremont CafÉ Corp., having moved for leave to withdraw as counsel (M-2789), and to enlarge assignor's time to perfect its appeal (M-4331), And assignee Anthony Sodono, III having cross-moved for an enlargement of time to perfect his cross appeal (M-4398), Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-2789) by Quintairos, Prieto, Wood & Boyer, P.A., to withdraw as counsel is granted, and it is further,Ordered that the motion and cross motion (M-4331/M-4398) are granted, and the time to perfect the appeal and cross appeal and, sua sponte, the cross-appeal from the same order by Tosca CafÉ, Inc. and Tosca Coal Burning Oven, Inc. as "related case assignors", is enlarged to the February 2019 Term. The Clerk is directed to calendar the appeals with the appeals in Berisha v Tosca CafÉ, Inc. (Cal. No. 1032, Index No. 301469/08; see M-2791/-4293, dated October 11, 2018, released simultaneously herewith), for the same date of the February 2019 Term. The attention of the parties is directed to Rule 1250.9(f)(2) with respect to a joint record and costs thereof. ENTERED: October 11, 2018
_____________________ CLERK
Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices
M-4398
M-4331
M-2789
Index No. 260292/17