Harvey Gladstein v Thomas F. Keane and Susan Keane .

Motion No: M-8965

Slip Opinion No: 2020 NYSlipOp 61478(U)

Decided on January 23, 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 23, 2020

Harvey Gladstein,

Plaintiff-Respondent-Appellant,

v

Thomas F. Keane and Susan Keane,

Defendants-Appellants-Respondents.

Appeals having been taken by defendants-appellants-respondents from a judgment of the Supreme Court, New York County, entered on or about May 24, 2018, and from two orders of the same court, both entered on or about October 10, 2018 (mot. seq. no. 11 and mot. seq. no. 8), And cross appeals having been taken by plaintiff-respondent-appellant from the aforesaid judgment of the Supreme Court, New York County, entered on or about May 24, 2018, and from an order of the same court entered October 10, 2018 (mot. seq. no. 11), And an order of this Court having been entered on June 4, 2019 (i) vacating the dismissal of and reinstating defendants-appellants-respondents' appeal taken from the aforesaid judgment entered on or about May 24, 2018, and extending the time to perfect all of their appeals to the October 2019 Term of this Court, and (ii) vacating the dismissal of and reinstating plaintiff-respondent-appellant's cross appeal from the aforesaid judgment, and extending his time to perfect all of his appeals to the October 2019 Term, And plaintiff-respondent-appellant having moved to dismiss defendants-appellants-respondents' appeals from the aforesaid judgment entered on or about May 24, 2018, and from the two orders entered on or about October 10, 2018 (M-8806), And defendants-appellants-respondents having moved to vacate the dismissal of the aforementioned appeals, and upon vacatur, for an extension of time to perfect same (M-8894),And plaintiff-respondent-appellant having cross-moved for, inter alia, an extension of time to perfect his appeals, in the event this Court grants defendants-respondents' motion to vacate the dismissal of their appeals (M-8965), Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon, it is Ordered that plaintiff-respondent-appellant's motion to dismiss defendants-appellants-respondents' appeals from the aforesaid judgment entered on or about May 24, 2018, and from the two orders entered on or about October 10, 2018 (M-8806), is denied, and it is further Ordered that defendants-appellants-respondents' motion to vacate the dismissal of their appeals (M-8894), is granted, the appeals reinstated, and the time to perfect all of defendants-appellants-respondents' appeals is extended to the May 2020 Term of this Court, with no further extensions to be granted, and it is further Ordered that plaintiff-respondent-appellant's cross motion (M-8965) is granted to the extent of extending his time to perfect the cross appeals to the May 2020 Term, and otherwise denied. ENTERED: January 23, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Jeffrey K. Oing Lizbeth GonzÁlez, Justices

M-8965

M-8894

M-8806

Index No. 152121/15