In the Matter of the Application of Francesco Portelos

Motion No: M-7286

Slip Opinion No: 2019 NYSlipOp 83006(U)

Decided on October 29, 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 29, 2019

In the Matter of the Application of

Francesco Portelos,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules v

New York City Department of Education,

et al.,

Respondents-Respondents.

Plaintiff-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal taken from the order of the Supreme Court, New York County, entered on or about August 16, 2018, and upon vacatur, for an enlargement of time to perfect said 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, reinstating the appeal and, pursuant to CPLR 5520(c), deeming the appeal to have been taken from the judgment of the same Court, entered on or about August 29, 2018 and, extending the time to perfect same to the February 2020 Term. ENTERED: October 29, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding,Judith J. Gische Peter Tom Ellen Gesmer Peter H. Moulton, Justices

M-7286

Index No. 156610/17