Paul Kelly v Port Authority of New York and New Jersey 3 World Trade Center LLC

Motion No: M-7520

Slip Opinion No: 2019 NYSlipOp 84035(U)

Decided on November 14, 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.

November 14, 2019

Paul Kelly,

Plaintiff-Respondent-Appellant,

v

Port Authority of New York and New

Jersey, 3 World Trade Center, LLC,

Tishman Construction Corporation, and

Prince Contracting,

Defendants-Appellants-Respondents.

An appeal and cross appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about January 10, 2019And plaintiff, Paul Kelly having moved, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of his cross appeal, and upon vacatur, for an extension of time to perfect said appeal as the direct appellant, 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, plaintiff's cross appeal reinstated, and the time to perfect said appeal, now designated the direct appeal, is extended to the March 2020 Term. ENTERED: November 14, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding,Barbara R. Kapnick Cynthia S. Kern Anil C. Singh, Justices

M-7520

Index No. 21525/13E