Catherine Shyer as Preliminary v Christopher Shyer et al. 595921/18 Counterclaim

Motion No: M-2223

Slip Opinion No: 2020 NYSlipOp 71050(U)

Decided on September 3, 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.

September 3, 2020

Catherine Shyer, as Preliminary

Executrix of the Estate of Robert Shyer,

Plaintiff-Counterclaim Defendant

v

Christopher Shyer, et al. , 595921/18

Defendants-Counterclaim Plaintiffs.

Zyloware Corporation, Third-Party Plaintiff-Appellant, v

CATHERINE SHYER, individually, Third-Party Defendant-Respondent.

-----------------------------------------X An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 18, 2019,And third-party plaintiff-appellant having moved for an extension of time in which to perfect the 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 is deemed as one to vacate the prior dismissal of the appeal and, as such, is granted, the dismissal is vacated, the appeal reinstated, and the time to perfect said appeal is extended to the December 2020 Term of this Court. ENTERED: September 3, 2020

_____________________ CLERK

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

M-2223

Index Nos. 651109/18