| DWIGHT LAND, III V COUNTY OF ERIE JAMES PAYCHECK |
| Motion No: CA 15-01126 |
| Slip Opinion No: 2015 NY Slip Op 79778(U) |
| Decided on July 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 15-01126
| DWIGHT LAND, III, PLAINTIFF-RESPONDENT, V COUNTY OF ERIE,
DEFENDANT-APPELLANT, JAMES PAYCHECK, DEFENDANT. |
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 Erie on June 4, 2014,
Now, upon reading and filing the affidavit of Shawn P. Hennessy, Esq., sworn to June 29, 2015, 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, on the condition that appellant perfects the appeal on or before September 18, 2015.
Entered: July 20, 2015
Frances E. Cafarell, Clerk