In the Matter of the Petition of

Motion No: M-1061

Slip Opinion No: 2020 NYSlipOp 65288(U)

Decided on April 2, 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.

April 2, 2020

In the Matter of the Petition of,

DRB Capital, LLC,

Petitioner-Appellant,

v

Diana Hilario, Pacific Life and Annuity

Company and Pacific Life and Annuity

Services, Inc.,

Respondents-Respondents.

as Interested Parties pursuant to

General Obligations Law Sec. 5-1701(f).

An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about May 13, 2019,And petitioner-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 September 2020 Term of this Court.ENTERED: April 2, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding,Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-1061

Index No. 23176/19E