Eita Pruss v Infinity of Manhattan Inc. and Massamba Seck

Motion No: M-6535

Slip Opinion No: 2019 NYSlipOp 65067(U)

Decided on March 12, 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 12, 2019

Eita (Itty) Pruss,

Plaintiff-Appellant-Respondent,

v

Infinity of Manhattan, Inc. and Massamba

Seck,

Defendants-Respondents-Appellants,

-and-

Dennis C. Blanchette et al.,

Defendants.

Plaintiff-appellant-respondent having moved for an order pursuant to 22 NYCRR 1240.10(c) vacating the dismissal of the appeal taken from the judgment of the Supreme Court, New York County, entered on or about February 9, 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, the appeal reinstated and the time to perfect same is enlarged to the September 2019 Term. On the Court's own motion, the time to perfect the cross appeal by defendants-respondents-appellants is enlarged to the September 2019 Term. The parties attention is directed to 22 NYCRR 1250.9(f)(1). ENTERED: March 12, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Peter H. Moulton, Justices

M-6535

Index No. 161240/13