| FRANKLIN TATE V TIMOTHY L. BROWN |
| Motion No: CA 13-02003 |
| Slip Opinion No: 2014 NY Slip Op 66315(U) |
| Decided on March 10, 2014 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-02003
| FRANKLIN TATE, PLAINTIFF-APPELLANT, V TIMOTHY L.
BROWN, DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 31, 2013,
Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated February 10, 2014, and February 20, 2014, the notice of motion with proof of service thereof, and the affirmation of Hilary C. Banker, Esq., dated February 18, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before May 9, 2014.
Entered: March 10, 2014
Frances E. Cafarell, Clerk