Louis Roman v Why Not LLC and Finkelstein Timberger East Real Estate LLC

Motion No: M-2409

Slip Opinion No: 2020 NYSlipOp 71366(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

Louis Roman,

Plaintiff-Appellant,

v

Why Not LLC and Finkelstein

Timberger East Real Estate LLC,

Defendants-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about October 15, 2019, And plaintiff-appellant having moved for an extension of time in which to perfect the aforesaid 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 to include a request to vacate the dismissal of the appeal (see, 22 NYCRR 1250.10[c]) and, as such, is granted, the dismissal is 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-2409

Index No. 24115/17E