| ANTOINE MARTIN, II V WALTER WITKOWSKI |
| Motion No: NOS. CA 14-01794 AND CA 14-01795 |
| Slip Opinion No: 2017 NY Slip Op 60856(U) |
| Decided on January 11, 2017 |
| 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 NOS. CA 14-01794 AND CA 14-01795
| ANTOINE MARTIN, II, PLAINTIFF-APPELLANT, V WALTER WITKOWSKI,
DEFENDANT-RESPONDENT. WALTER WITKOSWKI, SR., RESPONDENT. |
Appellant having moved to restore the appeals taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Erie on January 17, 2014, and April 14, 2014, to the Court's calendar and for an extension of time to file and serve a reply brief,
Now, upon reading and filing the affidavit of Jeanne M. Vinal, Esq., sworn to November 30, 2016, the notice of motion with proof of service thereof, the statement of Jennifer V. Schiffmacher, Esq., dated December 8, 2016, and the affidavit of James J. Nash, Esq., sworn to December 15, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeals are stayed until a representative of Walter Witkoswki, Sr.'s estate is substituted as a party for Walter Witkoswki, Sr. (see Schraven v Town of Tonawanda, 238 AD2d 952).
Entered: January 11, 2017
Frances E. Cafarell, Clerk