| ALOSTAR BANK OF COMMERCE V BRETT SANOIAN |
| Motion No: CA 16-01848 |
| Slip Opinion No: 2016 NY Slip Op 93655(U) |
| Decided on December 5, 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 16-01848
| ALOSTAR BANK OF COMMERCE, PLAINTIFF-RESPONDENT, V BRETT
SANOIAN, DEFENDANT-APPELLANT. |
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 October 26, 2015,
Now, upon reading and filing the affidavit of Brett Sanoian sworn to November 21, 2016, the notice of motion with proof of service thereof, and the affidavit of Gary A. Lefkowitz, Esq., sworn to November 29, 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 February 3, 2017.
Entered: December 5, 2016
Frances E. Cafarell, Clerk