Opinion
Motion No. 2023-00361 Index No. 652444/20 Case Nos. 2021-02156 202300252
03-23-2023
John L. Van Horne III as Co-Trustee of the Allen S. Greene Irrevocable Trust, et al., Plaintiffs-Respondents, v. Zohar Ben-Dov Individually and as Trustee of the Geili Revocable Trust, Christy Martin and 74-84 Third Avenue Merger Corp., Defendants-Appellants 74-84 Third Avenue Corp., Nominal Defendant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Jeffrey K. Oing Tanya R. Kennedy Martin Shulman Julio Rodriguez III, Justices.
Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 04, 2021 (Case No. 2021-02156), and from a judgment, same Court, entered on or about July 16, 2021 (Case No. 2023-00252), And defendants-appellants having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal taken from the July 16, 2021 judgment under Case No. 2023-00252 and, upon reinstatement, to deem said appeal included within the perfected appeal (to be refiled) taken from the June 04, 2021 order under Case No. 2021-02156, 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, deemed an application to vacate the dismissal of both appeals, is granted to the extent that the dismissals are vacated, the appeals reinstated, and the time in which to perfect both appeals (Case Nos. 2021-02156 and 2023-00252) is extended to the September 2023 Term of this Court.