| HAMILTON EQUITY GROUP, LLC, AS ASSIGNEE OF HSBC BANK USA, NATIONAL ASSOCIATION V SOUTHERN WELLCARE MEDICAL, P.C. |
| Motion No: CA 17-00786 |
| Slip Opinion No: 2017 NY Slip Op 72595(U) |
| Decided on May 1, 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 NO. CA 17-00786
| HAMILTON EQUITY GROUP, LLC, AS ASSIGNEE OF HSBC BANK USA, NATIONAL
ASSOCIATION, PETITIONER-RESPONDENT, V SOUTHERN WELLCARE MEDICAL, P.C., 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 Erie on June 8, 2016, and respondent having cross-moved to dismiss the appeal for failure to perfect timely the appeal,
Now, upon reading and filing the affidavits of Alexander Kadochnikov, Esq., sworn to April 14, 2017, and April 28, 2017, the affidavit of Kyle C. DiDone, Esq., sworn to April 24, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is granted, on the condition that appellant perfects the appeal on or before June 30, 2017, and
It is hereby ORDERED that respondents cross motion is denied.
Entered: May 1, 2017
Frances E. Cafarell, Clerk