Bartley Labiner v Jerome Florist Inc.

Motion No: M-501

Slip Opinion No: 2020 NYSlipOp 63611(U)

Decided on February 27, 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 27, 2020

Bartley Labiner,

Plaintiff-Appellant-Respondent,

v

Jerome Florist, Inc.,

Defendant,

50 East 96th Street, LLC,

Defendant-Respondent-Appellant.

An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about

April 26, 2019, And defendant-respondent-appellant having moved for an extension of time to perfect the appeal and cross appeal, 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 for relief pursuant to 22 NYCRR 1250.10(c), is granted to the extent of vacating the dismissal and reinstating defendant-appellant's cross appeal, and extending the time to perfect the appeal and the cross appeal to the September 2020 Term. ENTERED: FEBRUARY 27, 2020

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Peter H. Moulton Lizbeth GonzÁlez, Justices

M-501

Index No. 155718/14