| Domingo Feliz Terc v 535 Coster Realty Inc.. X |
| Motion No: M-1450 |
| Slip Opinion No: 2019 NYSlipOp 71270(U) |
| Decided on May 28, 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 28, 2019
Domingo Feliz Terc,
Plaintiff-Appellant-Respondent,
v
535 Coster Realty, Inc., Defendant-Respondent-Appellant.
Appeals having been taken by the captioned parties from an order of the Supreme Court, Bronx County, entered on or about May 7, 2018, And plaintiff-appellant-respondent having moved for an enlargement of time to perfect his appeal, nunc pro tunc to March 6, 2019 (M-1356), And defendant-respondent-appellant having cross-moved to (1) amend the Court's filings to reflect his appeal as a cross-appeal, and (2) for an enlargement of time to perfect same (M-1450), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that plaintiff-appellant-respondent's motion, deemed one to vacate the dismissal of their appeal pursuant to
22 NYCRR 1250.10(c), is granted to the extent of reinstating the appeal and enlarging the time to perfect said appeal to the October 2019 Term (M-1356), and It is further ordered that defendant-respondent-appellant's cross motion is granted and the time to perfect their cross-appeal is enlarged to the October 2019 term (M-1450). Plaintiff-appellant-respondent is directed to utilize the correct case caption on the briefs and joint record to reflect defendant's designation as defendant-respondent-appellant. Plaintiff-appellant-respondent is further directed to supplement the joint record on appeal to include the defendant-respondent-appellant's notice of appeal and pre-argument statement. The parties attention is directed to 22 NYCRR 1250.9(f)(1).ENTERED: May 28, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding,Judith J. Gische Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices
M-1450
M-1356
Index No. 302163/16