Pedro Gutierrez v 451 Lexington Realty LLC et al. .

Motion No: M-201

Slip Opinion No: 2019 NYSlipOp 67624(U)

Decided on April 11, 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.

April 11, 2019

Pedro Gutierrez,

Plaintiff-Respondent,

v

451 Lexington Realty LLC, et al.,

Defendants-Respondents.

- - - - - - - - - - - - - -

451 Lexington Realty LLC and

Flintlock Construction Services, LLC,

Third-Party Plaintiffs-Respondents,

v

Vortex Electric Co. And Sigma Electric Inc.,

Third-Party Defendants-Appellants.

Third-party defendants-appellants having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal taken from the order of the Supreme Court, Bronx County, entered on or about February 21, 2018, and upon vacatur, for an enlargement of time to perfect said 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 reinstating the appeal, and enlarging the time to perfect the appeal to the September 2019 Term. ENTERED: April 11, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Jeffrey K. Oing Anil C. Singh, Justices

M-201

Index No. 305823/13