MARITA E. HYMAN V SUSAN N. BURGESS
Motion No: CA 16-00827
Slip Opinion No: 2017 NY Slip Op 70267(U)
Decided on April 10, 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.


April 10, 2017

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

DOCKET NO. CA 16-00827

MARITA E. HYMAN, PLAINTIFF-APPELLANT,

V

SUSAN N. BURGESS, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)


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 Oneida on August 28, 2015,

Now, upon reading and filing the affidavit of Martia Elisabeth Hyman sworn to March 30, 2017, 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 May 1, 2017.

Entered: April 10, 2017

Frances E. Cafarell, Clerk