Jansons Associated Inc. v 12 E 72nd LLC and Merrick Real EstateGroup Inc.

Motion No: M-540

Slip Opinion No: 2019 NYSlipOp 69726(U)

Decided on May 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.

May 7, 2019

Jansons Associated, Inc.,

Plaintiff-Respondent,

v

12 E 72nd LLC and Merrick Real EstateGroup, Inc.,

Defendants-Appellants,

-and-

Steven Croman,

Defendant.

Plaintiff-respondent having moved to dismiss the appeal taken from the order of the Supreme Court, New York County, entered on or about March 13, 2018, as untimely (M-535), And defendants-appellants having cross-moved for an enlargement of time to perfect the aforesaid appeal (M-540), 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 the motion to dismiss the appeal (M-535) is denied, and it is further, Ordered that the cross motion (M-540) is deemed as one seeking to vacate the dismissal of the appeal (22 NYCRR 1250[c])

and, as such, is granted, the appeal is reinstated and the time to perfect the appeal is enlarged to the October 2019 Term. ENTERED: May 7, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Cynthia S. Kern Peter H. Moulton,Justices

M-540

M-535

Index No. 656755/16