Leon Simon and Grace EdwardsSimon v Bernard Lewis

Motion No: M-459

Slip Opinion No: 2020 NYSlipOp 63177(U)

Decided on February 20, 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.

February 20, 2020

Leon Simon and Grace Edwards-Simon,

Plaintiffs-Respondents,

v

Bernard Lewis,

Defendant-Appellant,

Separate appeals having been taken to this Court by defendant-appellant from orders of the Supreme Court, Bronx County entered on or about March 11, 2019, and on or about January 22, 2019, and the appeal from the order entered on or about January 22, 2019, having been perfected and calendared for the March 2020 Term (Cal. No. 2019-1116, Case No. 2019-00653), And defendant-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal from the order entered on or about March 11, 2019, 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. ENTERED: February 20, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Peter H. Moulton Lizbeth GonzÁlez,Justices

M-459

Index No. 305209/13