Opinion
Motion No: M-1374
05-30-2019
Michael Schwartzbard, Plaintiff-Appellant, v. Marshall S. Cogan, Defendant-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-appellant having moved for a further enlargement of time to perfect the cross appeal, and Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the cross appeal is deemed the direct appeal, defendant-respondent's appeal having been dismissed by order of this Court dated February 8, 2019 (M-4317/M4570), and It is further ordered that plaintiff's instant motion is deemed one seeking to vacate the dismissal of the appeal and, as such, is granted, and the time to perfect said appeal is enlarged to the October 2019 Term, (see, 22 NYCRR 1250.10).
ENTERED: May 30, 2019
_____________________ CLERK
Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Peter Tom Peter H. Moulton, Justices
M-1374
Index No. 161674/13