Opinion
Motion No: M-4570
11-08-2018
Michael Schwartzbard, Plaintiff-Respondent-Appellant, v. Marshall S. Cogan, Defendant-Appellant-Respondent.
An appeal and cross 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 April 26, 2017, And plaintiff-respondent-appellant having moved for dismissal of the aforesaid appeal (M-4317), And defendant-appellant-respondent having cross-moved for an enlargement of time to perfect the appeal (M-4570), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that the cross motion is granted to the extent of enlarging the time to perfect the appeal and cross appeal to the February 2019 Term (M-4570). The motion to dismiss the appeal is granted should the appeal not be perfected for the said February 2019 Term (M-4317). Upon failure to so perfect, an order dismissing the appeal may be entered ex parte, provided plaintiff serves a copy of this order upon defendant within 10 days of the date of entry hereof.
ENTERED: November 8, 2018
_____________________ CLERK
Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Peter H. Moulton, Justices
M-4570
M-4317
Index No. 161674/13