ABKCO Music Inc. v Carl G. McMahon As Trustee of the Andrea Marless Cooke Family Trust

Motion No: M-4947

Slip Opinion No: 2018 NYSlipOp 90078(U)

Decided on December 6, 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.

December 6, 2018

ABKCO Music, Inc.,

Plaintiff-Respondent,

v

Carl G. McMahon, As Trustee of the

Andrea Marless Cooke Family Trust,

Defendant-Appellant,

Andrea M. Cooke,

Defendant-Respondent.

Defendant-appellant having moved to vacate the dismissal of an appeal from an order of the Supreme Court, New York County, entered on or about December 6, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to enlarge the time to perfect the appeal, 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 to the extent of vacating the dismissal and reinstating the aforesaid appeal and enlarging the time to perfect the appeal to the April 2019 Term. ENTERED: December 6, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding,Rosalyn H. Richter Marcy L. Kahn Jeffrey K. Oing Peter H. Moulton,Justices

M-4947

Index No. 656243/16