Grunert v. A.C. & S., Inc. (In re N.Y.C. Asbestos Litig.)

Full title: In re: New York City Asbestos Litigation Charles Grunert…

Court: Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: Nov 10, 2020

2020 N.Y. Slip Op. 74496 (N.Y. App. Div. 2020)

Opinion

Motion No. 3141

11-10-2020

In re: New York City Asbestos Litigation Charles Grunert, Plaintiff-Respondent, v. A.C. and S., Inc., etc., et al., Defendants, -and- American Biltrite Inc., Defendant-Appellant.

Susanna Molina Rojas Clerk of the Court

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Anil C. Singh Tanya R. Kennedy Saliann Scarpulla, Justices. Index No. 114345/02
Case No. 2020-03894

Defendant-appellant having moved for leave to file a late notice of appeal and for extension of time to perfect an appeal taken from an order of the Supreme Court, New York County, entered on or about August 22, 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 granted to the extent of granting defendant-appellant leave to file a late notice of appeal pursuant to CPLR 5520(a) and deeming the instant motion as one seeking to vacate the dismissal of the appeal, and as such, vacating the dismissal, reinstating the appeal, and extending the time to perfect same to the April 2021 Term.

ENTERED: November 10, 2020

/s/

Susanna Molina Rojas

Clerk of the Court