| JOSEPH P. HYLANT V MANUFACTURERS AND TRADERS TRUST COMPANY |
| Motion No: CA 08-00918 |
| Slip Opinion No: 2008 NYSlipOp 81332(U) |
| Decided on August 20, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 08-00918
| JOSEPH P. HYLANT, PLAINTIFF-APPELLANT, V MANUFACTURERS AND
TRADERS TRUST COMPANY, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 17, 2008, on the ground that appellant has failed to perfect timely the appeal, or in the alternative for other relief, and appellant having cross-moved to vacate the dismissal of the appeal,
Now, upon reading and filing the affirmation of Ryan K. Cummings dated July 11, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Joseph P. Hylant sworn to July 25, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary, and
It is further ORDERED that the cross motion be, and the same hereby is, granted on the condition that appellant perfect the appeal on or before October 20, 2008.
Entered: August 20, 2008
JoAnn M. Wahl, Clerk