Opinion
Motion No: M-1113
04-17-2018
Clean Act, Inc., Plaintiff-Respondent, v. 4126 Realty Corp., Defendant-Appellant.
An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about December 9, 2016, and said appeal having been perfected, And an order of this Court having been entered on January 18, 2018 (Corrected Order - February 7, 2018)(M-6428/M-6514), inter alia, striking defendant-appellant's record on appeal, granting defendant-appellant's motion for leave to file an amended record on appeal, and adjourning the perfected appeal to the May 2018 Term,And plaintiff-respondent having moved for dismissal of the aforesaid appeal for failure to comply with the order of this Court entered on February 7, 2018, with respect to requiring defendant-appellant to file an amended record for the May 2018 Term, 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 denied. Sua sponte, defendant-appellant's time to comply with the order of this Court entered February 7, 2018, is extended by 30 days from the date of entry hereof. The appeal is adjourned to the September 2018 Term.
ENTERED: April 17, 2018
_____________________ CLERK
Present - Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli Richard T. Andrias,Justices
M-1113
Index No. 113457/11