Ivan Pena v Pinnacle Associates II NY et al. .

Motion No: M-6766

Slip Opinion No: 2019 NYSlipOp 64751(U)

Decided on March 7, 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 7, 2019

Ivan Pena,

Plaintiff-Appellant,

v

Pinnacle Associates II NY, et al.,

Defendants-Respondents.

(And a third-party action)

------------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about May 15, 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, for 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, reinstating the aforesaid appeal, and enlarging the time to perfect same to the September 2019 Term. ENTERED: March 7, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding,Peter Tom Troy K. Webber Marcy L. Kahn Cynthia S. Kern,Justices

M-6766

Index No. 162616/14