| TYSHAWN J. WILLIAMS V LAVALRA M. JONES |
| Motion No: CA 15-00730 |
| Slip Opinion No: 2015 NY Slip Op 72988(U) |
| Decided on May 12, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00730
| TYSHAWN J. WILLIAMS, PLAINTIFF-APPELLANT, V LAVALRA M. JONES,
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 May 9, 2014, and for other relief,
Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated April 24, 2015, the affidavit of Tyshawn Williams sworn to February 22, 2015, the notice of motion with proof of service thereof, and the affirmation of Brent C. Seymour, Esq., dated May 6, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to vacate dismissal is granted, on the condition that appellant perfects the appeal on or before July 20, 2015, and
It is further ORDERED that the motion insofar as it seeks leave to proceed as a poor person is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth the facts and circumstances explaining the retention of counsel by appellant.
Entered: May 12, 2015
Frances E. Cafarell, Clerk