| SHMUEL SHMUELI V WHITESTAR DEVELOPMENT CORP. |
| Motion No: CA 15-01584 |
| Slip Opinion No: 2016 NY Slip Op 77469(U) |
| Decided on June 20, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01584
| SHMUEL SHMUELI, PLAINTIFF-APPELLANT, V WHITESTAR
DEVELOPMENT CORP., DEFENDANT-RESPONDENT. |
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 Niagara on June 12, 2015,
Now, upon reading and filing the affidavit and affirmation of Mark F. Heinze, Esq., sworn to May 27, 2016, and dated June 17, 2016, the notice of motion with proof of service thereof, and the affirmation of Frank J. Jacobson, Esq., dated June 11, 2016, 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 August 19, 2016.
Entered: June 20, 2016
Frances E. Cafarell, Clerk