MICHELLE L. HARRIS AND ADAM M. PROSSER V MICHAEL R. HANSSEN AND TOWN OF ROYALTON
Motion No: CA 17-01090
Slip Opinion No: 2017 NY Slip Op 81254(U)
Decided on July 24, 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.


July 24, 2017

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

DOCKET NO. CA 17-01090

MICHELLE L. HARRIS AND ADAM M. PROSSER,

PLAINTIFFS-RESPONDENTS,

V

MICHAEL R. HANSSEN AND TOWN OF ROYALTON,

DEFENDANTS-APPELLANTS.



MICHAEL R. HASSEN AND TOWN OF ROYALTON,

COUNTER-CLAIM PLAINTIFFS-APPELLANTS,

V

ADAM M. PROSSER, COUNTER-CLAIM DEFENDANT-RESPONDENT.


Appellants, Michael R. Hanssen and Town of Royalton having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 7, 2017,

Now, upon reading and filing the affidavit of Norman E.S. Greene, Esq., sworn to July 7, 2017, the notice of motion with proof of service thereof, and the affirmation of Daniel R. Archilla, Esq., dated July 17, 2017, 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 September 25, 2017.

Entered: July 24, 2017

Frances E. Cafarell, Clerk