Jonathan Dalmasi as Administrator v the City of New York .

Motion No: M-3721

Slip Opinion No: 2019 NYSlipOp 80588(U)

Decided on October 1, 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.

October 1, 2019

Jonathan Dalmasi, as Administrator

of the Estate of Julia Rodriguez,

Plaintiff-Respondent,

v

The City of New York,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about October 19, 2017, And defendant-appellant having moved to vacate the dismissal of the appeal and, upon vacatur, for an enlargement of time to perfect same, and to amend the caption to substitute the Administrator of the Estate of Julia Rodriguez as plaintiff, 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, the dismissal vacated, the appeal reinstated, and the time to perfect same is enlarged to the to the January 2020 Term (see, 22 NYCRR 1250.10[c]). The motion is amended, as indicated. ENTERED: October 1, 2019

_____________________ CLERK

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

M-3721

Index No. 24177/13