Alberto Galue v Independence 270 Madison LLC 270Madison Avenue LLC ABS Partners RealEstate LLC and J. Spaccarelli Construction Co. Inc.

Motion No: M-856

Slip Opinion No: 2019 NYSlipOp 69867(U)

Decided on May 9, 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 9, 2019

Alberto Galue,

Plaintiff-Appellant,

v

Independence 270 Madison LLC, 270Madison Avenue, LLC, ABS Partners RealEstate LLC, and J. Spaccarelli

Construction Co., Inc.,

Defendants-Respondents.

Plaintiff-appellant having moved for a further enlargement of time to perfect the appeal taken from the judgment of the Supreme Court, Bronx County, entered on or about December 21, 2016 (M-652), And defendant-appellant J. Spaccarelli Construction Co., Inc. (M-869) and defendants-respondents Independence 270 Madison LLC, 270 Madison Avenue, LLC and ABS Partners Real Estate LLC

(M-856) having separately cross-moved for an order dismissing the appeal or, in the alternative, directing that no further enlargements of time to perfect the appeal be granted, Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, It is ordered that the motion (M-652) is granted to the extent of enlarging the time to perfect the appeal to the October 2019 Term. The cross motions (M-869/M-856) are granted to the extent of dismissing the appeal unless it is perfected for said October 2019 Term. ENTERED: May 9, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Sallie Manzanet-Daniels Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-856

M-869

M-652

Index No. 303246/11