Dan Cohen Individually and as v Samuel I. Glass and Majestic Oaks Development Company LLC

Motion No: M-6196

Slip Opinion No: 2019 NYSlipOp 64556(U)

Decided on March 5, 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.

March 5, 2019

Dan Cohen, Individually, and as

Administrator of the Estate of

Marilyn G. Cook-Cohen, also known as

Marilyn Cook, also known as Marilyn

Cohen,

Plaintiffs-Appellants,

v

Samuel I. Glass and Majestic Oaks

Development Company, LLC,

Defendants-Respondents.

Plaintiffs-appellants having moved for an order, pursuant to 22 NYCRR 1250.10, vacating the dismissal of the appeal taken from an order of the Supreme Court, New York County, entered on or about January 25, 2018, and, upon vacatur, for an enlargement of 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 of appeal and deeming the appeal perfected on condition that plaintiff files the original and five hard copies of the record and appellant's brief with this Court, pursuant to 22 NYCRR 1250.9, within ten days of the date of this order. If so perfected, the Clerk of this Court shall calendar the appeal for the May 2019 Term.ENTERED: March 5, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice,John W. Sweeny, Jr. Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices

M-6196

Index No. 655689/16