ACC Construction Corporation 370 v

Motion No: M-7154

Slip Opinion No: 2019 NYSlipOp 82333(U)

Decided on October 22, 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 22, 2019

ACC Construction Corporation, 370

Seventh Avenue Associates, LLC. and

Comscore, Inc., Plaintiffs-Respondents,

v

Merchants Mutual Insurance Company and

Premier Electric, Inc.,

Defendants-Appellants.

Defendants-appellants having moved for an enlargement of time to perfect the appeal taken from the order of the Supreme Court, New York County, entered on or about October 15, 2018, 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 deemed one seeking to vacate the dismissal of the appeal and, as such, is granted, the appeal is reinstated, and the time to perfect the appeal is enlarged to the February 2020 Term (see, 22 NYCRR 1250.10). ENTERED: OCTOBER 22, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Peter Tom Angela M. Mazzarelli Jeffrey K. Oing Anil C. Singh, Justices

M-7154

Index No. 654508/16