In the Matter of the Petition of

Motion No: M-2338

Slip Opinion No: 2020 NYSlipOp 71365(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

In the Matter of the Petition of,

Frank Berisha,

Petitioner,

For a Judgment Pursuant to Civil

Practice Law and Rules 5225(b) and/or Civil Practice Law and Rules 5227,

v

4042 East Tremont CafÉ Corp., etc.,

et al.,

Respondents.

4040 Tremont Realty, LLC, Nonparty-Appellant, v

Bernard D'Orazio, Nonparty-Respondent.

---------------------------------------X Nonparty-appellant having moved for an extension of time in which to perfect the appeal taken to this Court from an order of the Supreme Court, Bronx County, entered on or about June 12, 2019, 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 to include a request to vacate the dismissal of the appeal (22 NYCRR 1250.10[c]) and,

as such, 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. ENTERED: September 10, 2020

_____________________ CLERK

Present - Hon. Barbara R. Kapnick,Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez,Justices

M-2338

Index No. 260677/16