Lydia Arroyo and v Johan Gonzalez and International

Motion No: M-5260

Slip Opinion No: 2019 NYSlipOp 60092(U)

Decided on January 3, 2019

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.

January 3, 2019

Lydia Arroyo and

Perfecto Arroyo,

Plaintiffs-Appellants

v

Johan Gonzalez and International

Compare Food International, also

known as John Doe, Inc.,

Defendants-Respondents.

Plaintiffs-appellants having taken an appeal from an order of the Supreme Court, Bronx County, entered on or about July 24, 2018, And defendants-respondents having moved inter alia to strike the notice of appeal as untimely taken (CPLR 5513[a]), (M-4889), And plaintiffs-appellants having cross-moved for an enlargement of time within which to file the notice of appeal, (M-5260), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the defendants-respondents' motion to strike the notice of appeal is granted (M-4889), and the appeal is dismissed. Plaintiffs-appellants' cross motion is denied (M-5260). ENTERED: January 3, 2019

_____________________ CLERK

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

M-5260

M-4889

Index No. 22573/15