MackenzieChilds of New York LLC v 20 West 57th Street Realty LLC .

Motion No: M-6419

Slip Opinion No: 2019 NYSlipOp 65576(U)

Decided on March 19, 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 19, 2019

Mackenzie-Childs of New York, LLC,

Plaintiff-Respondent,

v

20 West 57th Street Realty LLC,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 14, 2018, And plaintiff-respondent having moved to dismiss the appeal, as moot (M-5980), And defendant-appellant having cross-moved for an enlargement of time to perfect the appeal, (M-6419),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that plaintiff-respondent's motion to dismiss the appeal (M-5980) is denied, without prejudice to plaintiff-respondent addressing the issue of whether the appeal has been rendered moot in its respondents' brief, and It is further ordered that the cross motion (M-6419), deemed one seeking to vacate the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a), is granted, and the time to perfect the appeal is enlarged to the September 2019 Term. ENTERED: March 19, 2019

_____________________ CLERK

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

M-6419

M-5980

Index No. 650014/18