Ginarte Gallardo Gonzalez & Winograd LLP v Rene G. Garcia and the Garcia Law

Motion No: M-2402

Slip Opinion No: 2020 NYSlipOp 71067(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

Ginarte Gallardo Gonzalez & Winograd, LLP,

Plaintiffs-Respondents,

v

Rene G. Garcia and The Garcia Law

Firm, et al.,

Defendants-Appellants,

Mignolia Pena, et al.,

Defendants.

Appeals having been taken to this Court from the order of the Supreme Court, New York County, entered on or about December 4, 2019, and defendants-appellants, Rene G. Garcia and The Garcia Law Firm having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of their appeal, and upon reinstatement, for an enlargement of time to perfect said appeal (Case No. 2019-5381) in coordination with the appeal taken to this Court by defendants-appellants William Schwitzer, William Schwitzer & Associates P.C., Giovanni C. Merlino, Barry Aaron Semel-Weinstein, and Beth Michelle Diamond (Case No. 2019-5501); 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 Garcia appeal, reinstating that appeal, and extending the time to perfect both appeals to the February 2021 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-2402

Index No. 159991/18