In the Matter of the Application of Brookdale Physicians' Dialysis Associates

Motion No: M-1774

Slip Opinion No: 2019 NYSlipOp 72338(U)

Decided on June 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.

June 11, 2019

In the Matter of the Application of

Brookdale Physicians' Dialysis

Associates, Inc., formerly known as

Church Avenue Associates, Inc., and

Samuel and Bertha Shulman Institute

for Nursing and Rehabilitation Fund,

Inc., formerly known as Samuel Shulman

Institute for Nursing and Rehabilitation

Fund, Inc.,

Petitioners-Respondents,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v The Department of Finance of the City

of New York,

Respondent-Appellant.

Respondent-appellant having moved pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal taken from an order of the Supreme Court, New York County, entered on or about August 3, 2018, and, upon reinstatement, for an enlargement of time to perfect the 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 vacating the dismissal of the appeal and enlarging the time to perfect same to the October 2019 Term. ENTERED: June 11, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding,Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton, Justices

M-1774

Index No. 156074/17