Appellate Division: Second Judicial Department

M261910

E/htr

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-07534 Cherry Hill Gourmet, Inc., appellant-respondent, v Lundy's Management Corp., respondent-appellant (and a third-party action). (Index No. 510844/16)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated April 3, 2018, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant-respondent's time to perfect the appeal is extended until June 14, 2019, and the joint record or appendix on the appeal and cross appeal, and the appellant-respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]); and it is further,

ORDERED that so much of an order on application of this Court, entitled "[i]n the Matter of Applications for Extensions of Time" dated March 14, 2019, as extended the time to perfect the cross appeal is recalled and vacated.

LEVENTHAL, J.P., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court