Tyrek Heights Erectors Inc. v WDF Inc. et al.

Motion No: M-6019

Slip Opinion No: 2019 NYSlipOp 61871(U)

Decided on January 31, 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 31, 2019

Tyrek Heights Erectors, Inc.,

Plaintiff-Appellant,

v

WDF, Inc., et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about February 5, 2018, And plaintiff-appellant having moved, for an order vacating the dismissal of the appeal, pursuant to 22 NYCRR 1250.10(c) and, upon vacatur, enlarging the 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, reinstating the aforesaid appeal, and enlarging the time to perfect same to the June 2019 Term (see, 22 NYCRR 1250.10). ENTERED: January 31, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, Justices

M-6019

Index No. 650690/12