Cedro LLC et al. v Axia Realty LLC the Board of Managers of the 40 East 72nd Street

Motion No: M-2057

Slip Opinion No: 2020 NYSlipOp 70540(U)

Decided on August 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.

August 27, 2020

Cedro LLC, et al.,

Plaintiffs-Respondents,

v

Axia Realty, LLC, The Board of

Managers of the 40 East 72nd Street

Condominium and Andrew Dafnos,

Defendants-Appellants,

Ionian Management, Inc., Spiros

N. Milonas, Antonia K. Milonas,

Defendants.

Defendants-appellants Axia Realty, LLC and Andrew Dafnos having moved for an order, pursuant to 22 NYCRR 1250.10(c), vacating the dismissal of the appeal taken from the order of the Supreme Court, New York County, entered on or about August 15, 2019 (M-2056), and upon reinstatement, extending the time to perfect said appeal, And defendant-appellant Axia Realty, LLC having separately moved for an order extending the time to perfect the appeal taken from a judgment, same Court, entered on or about December 4, 2019 (M-2057), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,It is ordered that the motion (M-2056) is granted to the extent of vacating the dismissal, reinstating the appeal, and extending the time to perfect said appeal to the December 2020 Term of this Court, and it is further Ordered that the motion (M-2057) is granted to the extent of extending the time to perfect the appeal to the December 2020 Term of this Court. ENTERED: August 27, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2057

M-2056

Index No. 653182/19