| AMERICAN TAX FUNDING, LLC V JAMES I. WYNN, SR. GERDA B. CASSARA, COUNTY OF MONROE . AMERICAN TAX FUNDING, LLC V JAMES |
| Motion No: CA 13-01988 |
| Slip Opinion No: 2013 NY Slip Op 93030(U) |
| Decided on December 4, 2013 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-01988
DOCKET NO. CA 13-01989
| AMERICAN TAX FUNDING, LLC, PLAINTIFF-RESPONDENT,
V JAMES I. WYNN, SR., DEFENDANT-APPELLANT, GERDA B. CASSARA, COUNTY OF MONROE, ET AL., DEFENDANTS. (APPEAL NO.
1.) AMERICAN TAX FUNDING, LLC, PLAINTIFF-RESPONDENT, V JAMES I. WYNN, SR., DEFENDANT-APPELLANT, AND COUNTY
OF MONROE, DEFENDANT. (APPEAL NO. 2.) |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 13, 2012 (appeal No. 1), and having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 14, 2013 (appeal No. 2),
Now, upon reading and filing the affidavit of James I. Wynn, Sr. sworn to November 8, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of appeal No. 1, on the condition that appellant perfects the appeal on or before February 3, 2014, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 2, and appellant shall perfect appeal No. 2 on or before February 3, 2014, and, in the event of failure to so perfect, appeal No. 2 is hereby dismissed without further order.
Entered: December 4, 2013
Frances E. Cafarell, Clerk