| KHALID S. MAHRAN AND KIDNEY CARE, P.C. V MICHAEL B. BERGER, ESQ. |
| Motion No: CA 15-00450 |
| Slip Opinion No: 2015 NY Slip Op 73814(U) |
| Decided on May 20, 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 15-00450
| KHALID S. MAHRAN AND KIDNEY CARE, P.C., PLAINTIFFS-APPELLANTS,
V MICHAEL B. BERGER, ESQ., DEFENDANT-RESPONDENT. |
Appellants 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 October 29, 2014,
Now, upon reading and filing the affidavit of Stephen F. Szymoniak, Esq., sworn to May 4, 2015, the notice of motion with proof of service thereof, and the affirmation of Beverley S. Braun, Esq., dated May 13, 2015, 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 July 20, 2015.
Entered: May 20, 2015
Frances E. Cafarell, Clerk