IN THE MATTER OF ELROY HENDRIX V MONROE COUNTY DEPARTMENT OF COMMUNICATION
Motion No: CA 15-00988
Slip Opinion No: 2016 NY Slip Op 92883(U)
Decided on November 28, 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.


November 28, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-00988

IN THE MATTER OF ELROY HENDRIX, PETITIONER-APPELLANT,

V

MONROE COUNTY DEPARTMENT OF COMMUNICATION,

RESPONDENT-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 Monroe on April 20, 2015,

Now, upon reading and filing the affidavit of Elroy Hendrix sworn to October 29, 2016, 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 January 27, 2017.

Entered: November 28, 2016

Frances E. Cafarell, Clerk