MARLENE CORNELL, AS ADMINISTRATOR OF THE ESTATE OF SAMUEL CONDELLO, DECEASED, V COUNTY OF MONROE, .
Motion No: CA 17-00675
Slip Opinion No: 2017 NY Slip Op 83815(U)
Decided on August 21, 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.


August 21, 2017

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

DOCKET NO. CA 17-00675

MARLENE CORNELL, AS ADMINISTRATOR OF THE ESTATE OF SAMUEL

CONDELLO, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT,

V

COUNTY OF MONROE, DEFENDANT-APPELLANT-RESPONDENT.


Plaintiff having an moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 23, 2016,

Now, upon reading and filing the affirmation of David L. Murphy, Esq., dated August 7, 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 cross appeal on or before September 22, 2017.

Entered: August 21, 2017

Frances E. Cafarell, Clerk