In the Matter of the Application of Aura Chacon

Motion No: M-5183

Slip Opinion No: 2019 NYSlipOp 60981(U)

Decided on January 17, 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 17, 2019

In the Matter of the Application of

Aura Chacon,

For a Judgment Pursuant to Article 78

of the CPLR,

Petitioner-Respondent,

v

James O'Neill, as the Police

Commissioner of the City of New York,

and as Chairman, ex officio, of the

Board of Trustees of the Police Pension

Fund, Article II, The Board of

Trustees of the Police Pension Fund,

Article II, New York City Police

Department and the City of New York,

Respondents-Appellants.

An order of a Justice of this Court having been entered on

January 2, 2018 (M-5260), granting respondents-appellants leave to appeal, from an order of the Supreme Court, New York County, entered on or about August 25, 2017, and staying all proceedings pending the hearing and determination of the appeal, And respondents-appellants having moved to vacate the dismissal of the appeal, pursuant to 22 NYCRR 1250.10(c), and upon vacatur, for an enlargement of time in which to perfect said appeal, and for related relief,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 the appeal and enlarging the time to perfect said appeal to the May 2019 Term. The stay previously issued by the aforesaid January 2, 2018 order is continued. ENTERED: January 17, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Jeffrey K. Oing Peter H. Moulton,Justices

M-5183

Index No.101644/16