Elisa Fadlun v Afshin Hakak

Motion No: M-5040

Slip Opinion No: 2018 NYSlipOp 90079(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

Elisa Fadlun,

Plaintiff-Respondent,

v

Afshin Hakak,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about January 30, 2018, And defendant-appellant having moved for vacatur of the dismissal of the appeal, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a) and, upon vacatur, an enlargement of time to perfect same,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 of defendant-appellant's appeal, and enlarging the time to perfect same to the April 2019 Term (see, 22 NYCRR 1250.10). ENTERED: December 6, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Angela M. Mazzarelli Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-5040

Index No. 308629/17