| RUSSELL FINLEY V ERIE AND NIAGARA INSURANCE ASSOCIATION |
| Motion No: CA 17-02031 |
| Slip Opinion No: 2017 NY Slip Op 95757(U) |
| Decided on December 11, 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 17-02031
| RUSSELL FINLEY, PLAINTIFF-APPELLANT, V ERIE AND NIAGARA
INSURANCE ASSOCIATION, DEFENDANT-RESPONDENT. |
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 February 6, 2017,
Now, upon reading and filing the affirmation of Douglas Walter Drazen, Esq., dated November 27, 2017, the notice of motion with proof of service thereof, and the affirmation of Brian D. Casey, Esq., dated December 4, 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 February 9, 2018.
Entered: December 11, 2017
Mark W. Bennett, Clerk