| JANE F. DEPERNO V DANIEL W. DEPERNO |
| Motion No: CA 15-00543 |
| Slip Opinion No: 2016 NY Slip Op 95511(U) |
| Decided on December 27, 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 15-00543
| JANE F. DEPERNO, PLAINTIFF-RESPONDENT, V DANIEL W. DEPERNO,
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 February 18, 2015,
Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to November 28, 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 February 27, 2017.
Entered: December 27, 2016
Frances E. Cafarell, Clerk