Pedro Gutierrez v

Motion No: M-3753

Slip Opinion No: 2019 NYSlipOp 80163(U)

Decided on September 24, 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.

September 24, 2019

Pedro Gutierrez,

Plaintiff-Respondent,

v

451 Lexington Realty LLC, et al.,

Defendants-Respondents. - - - - - - - - - - - - - - 451 Lexington Realty LLC et al.,

Third-Party Plaintiffs-Respondents,

v

Vortex Electric Co. and Sigma Electric Inc.,

Third-Party Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about February 21, 2018, and said appeal having been perfected, And defendants/third-party plaintiffs-respondents having moved to (i) dismiss the aforesaid appeal as one taken from a non-appealable paper or on the ground that the record is incomplete, or (ii) conditionally dismiss the appeal unless appellants file a supplemental record by a date certain, or (iii) adjourn the appeal to the next available term of this Court, 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 adjourning the appeal to the December 2019 Term, and is otherwise denied. ENTERED: September 24, 2019

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-3753

Index No. 305823/13