Anatoly Moldaver v Pref 34 East 51st Street LLC et al.

Motion No: M-2295

Slip Opinion No: 2020 NYSlipOp 71332(U)

Decided on September 10, 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 10, 2020

Anatoly Moldaver,

Plaintiff-Appellant,

v

Pref 34 East 51st Street, LLC, et al., Defendants-Respondents,

-and-

JRM Construction Management, LLC,

Defendant.

- - - - - - - - - - - - - - -

[And a third-party action.]

An appeal having been taken to this Court from the second amended order of the Supreme Court, New York County, entered on or about October 24, 2019 and plaintiff-appellant having moved to vacate the dismissal of the appeal and, upon reinstatement, for an extension of time to perfect said 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 granted, the dismissal vacated, the appeal reinstated, and the time to perfect said appeal is extended to the February 2021 Term of this Court, without prejudice to the issue of the appeal's timeliness being raised directly on appeal. ENTERED: September 10, 2020

_____________________ CLERK

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

M-2295

Index No. 162881/15