| MICHELY J. PEREZ V CHARLES BARLING AND TERRY L. COLE |
| Motion No: CA 17-01751 |
| Slip Opinion No: 2017 NY Slip Op 92338(U) |
| Decided on November 16, 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 17-01751
| MICHELY J. PEREZ, PLAINTIFF-RESPONDENT, V CHARLES BARLING AND
TERRY L. COLE, DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 20, 2017,
Now, upon reading and filing the affidavit of Denis A. Kitchen, Esq., sworn to October 24, 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 January 16, 2018.
Entered: November 16, 2017
Mark W. Bennett, Clerk