Teresa Rodriguez v the City of New York et al.

Motion No: M-8802

Slip Opinion No: 2020 NYSlipOp 61017(U)

Decided on January 21, 2020

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.

January 21, 2020

Teresa Rodriguez,

Plaintiff-Respondent,

v

The City of New York, et al.,

Defendants-Respondents,

Madison on Third Corp.,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 21, 2018, And an order of this Court having been entered on August 13, 2019 (M-3097), vacating the dismissal of the appeal, and extending defendant's time to perfect to the January 2020 Term of this Court; and defendant's appeal having been subsequently dismissed by this Court for failure to perfect for that Term, And defendant-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal and, upon vacatur, for an extension of time to perfect same, 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 said appeal is extended to the June 2020 Term of this Court, with no further extensions to be granted. ENTERED: January 21, 2020

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Ellen Gesmer,Justices

M-8802

Index No. 400875/12