Cecilio Sierra and Azucena Y. v the Charles Condominiums LLC and

Motion No: M-2559

Slip Opinion No: 2019 NYSlipOp 72963(U)

Decided on June 18, 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 18, 2019

Cecilio Sierra and Azucena Y.

Escobar,

Plaintiffs-Appellants-Respondents,

v

The Charles Condominiums, LLC, and

Triton Construction Company, LLC,

Defendants-Respondents-Appellants.

An appeal and cross-appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 20, 2018, and the appeal of plaintiffs-appellants having been perfected, And defendants-respondents-appellants having moved to vacate the dismissal of their cross-appeal and for an enlargement of time to perfect same, 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, reinstating the cross-appeal and enlarging the time to perfect same to the September 2019 Term (see, 22 NYCRR 1250.10). Defendants-respondents-appellants are sua sponte directed to file a supplemental record to include the cross-appeal. The parties attention is directed to 22 NYCRR 1250.9(f)(1)(ii). ENTERED: June 18, 2019

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding,Peter Tom Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-2559

Index No. 155685/14