Ken Montera on behalf of himself v KMR Amsterdam LLC .

Motion No: M-1089

Slip Opinion No: 2020 NYSlipOp 65598(U)

Decided on April 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.

April 23, 2020

Ken Montera, on behalf of himself

and all others similarly situated,

Plaintiff-Respondent,

v

KMR Amsterdam, LLC,

Defendant-Appellant.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about September 10, 2018 and June 12, 2019, And defendant-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal from the September 10, 2018 order, and, upon vacatur, for an extension of time to perfect both appeals, 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 to the extent of vacating the dismissal of the appeal from the September 10, 2018 order and reinstating that appeal, and extending the time to perfect both appeals to the September 2020 Term. ENTERED: April 23, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick,Justices

M-1089

Index No. 160550/17