Opinion
Motion No. 3272 Motion No. 3473
12-10-2020
Ruben Elberg, etc., et al., Plaintiffs-Appellants, v. Crabapple Corp., et al., Defendants-Respondents, Royal One Real Estate, LLC, et al., Nominal Defendants.
Present - Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Troy K. Webber Jeffrey K. Oing Lizbeth González, Justices. Index No. 653373/16
Case No. 2019-20543
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 05, 2018,
And plaintiffs-appellants having moved for an extension of time in which to perfect said appeal; and for leave to enlarge the record on appeal to include certain Exhibits annexed to their affirmation in support of the motion (Exhibit D through Exhibit Q) (M-3272),
And defendants-respondents having cross-moved to dismiss plaintiffs' appeal for failure to timely perfect (M-3473),
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that plaintiffs' motion is deemed to include a request to vacate the dismissal of the appeal, pursuant to 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 May2021 Term of this Court. That branch of the motion seeking to enlarge the record on appeal to include Exhibit D through Exhibit Q, as annexed to plaintiffs' affirmation in support of the within motion, is granted (M-3272), and
It is further ordered that defendants' cross motion to dismiss plaintiffs' appeal for failure to timely perfect is denied (M-3473). ENTERED: December 10, 2020
/s/
Susanna Molina Rojas
Clerk of the Court