Little Rest Twelve Inc. v Nina Zajic Joseph Kay and David Kay

Motion No: M-7806

Slip Opinion No: 2019 NYSlipOp 85017(U)

Decided on December 3, 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.

December 3, 2019

Little Rest Twelve, Inc.,

Plaintiff-Respondent,

v

Nina Zajic, Joseph Kay and David Kay,

Defendants-Appellants,

Thomas Giglio and Joseph Gill,

Defendants.

An appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about January 23, 2018, And defendants-appellants having moved to reinstate the appeal and upon reinstatement, to accept for filing the appellant's brief attached to the moving papers as Exhibit E, and to place the appeal back on this Court's calendar,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, deemed to include a request to vacate the dismissal of appeal pursuant to NYCRR 1250.10(c), is granted, the dismissal is vacated, the appeal reinstated, and the time to perfect said appeal is extended to the March 2020 Term, with no further extensions to be granted. The motion is otherwise denied.ENTERED: DECEMBER 3, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding,Dianne T. Renwick Peter Tom Jeffrey K. Oing Anil C. Singh, Justices

M-7806

Index No. 650209/10