Opinion
November 14, 1967 Republished
Under CPLR 5701 (subd. [c]), a motion for leave to appeal to this court must be made to a Justice thereof. ( Matter of Various Tenants of 790 Riverside Drive v. Gabel, 24 A.D.2d 848; Matter of 128 Rest. v. State Liq. Auth., 24 A.D.2d 849; Matter of Fleisig Sons Folding Set Up Paper Box Corp. v. Kossoff, 21 A.D.2d 682.) Accordingly, this motion was referred to Hon. James B.M. McNally, an Associate Justice of this court, who makes the following disposition: Motion for leave to appeal to this court from the order of the Supreme Court, New York County, entered on September 19, 1967, is granted, and defendants' time to answer the complaint is extended until 10 days after the determination of the appeal, provided the appeal is brought on for argument or submission in the January 1968 Term of this court.
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin, and McNally, JJ.