Ruben Elberg etc. et al. v Crabapple Corp. et al.

Motion No: M-1264

Slip Opinion No: 2020 NYSlipOp 65609(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

Ruben Elberg, etc., et al.,

Plaintiffs-Appellants,

v

Crabapple Corp., et al., Defendants-Respondents,

-and-

Royal One Real Estate, LLC, et al.,

Nominal Defendants.

Plaintiffs-appellants having moved to extend their time to perfect the appeal taken from the order of the Supreme Court, New York County, entered on or about December 5, 2018 (M-927), And defendants-respondents having cross-moved to dismiss the aforesaid appeal for failure to timely perfect (M-1264), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion, deemed to include a request to vacate the dismissal of the appeal pursuant to 22 NYCRR 1250.10(c), is granted, the dismissal vacated, the appeal reinstated, and the time to perfect said appeal is extended to

the September 2020 Term (M-927). The cross motion for dismissal of the appeal is denied (M-1264). ENTERED: April 23, 2020

_____________________ CLERK

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

M-1264

M-927

Index No. 653373/16