| REVEREND CHRISTOPHER EZEH V DANIEL J. CONDON AND THE CATHOLIC DIOCESE OF ROCHESTER |
| Motion No: CA 17-01275 |
| Slip Opinion No: 2018 NY Slip Op 62420(U) |
| Decided on January 18, 2018 |
| 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 17-01275
| REVEREND CHRISTOPHER EZEH, PLAINTIFF-APPELLANT, V DANIEL J.
CONDON AND THE CATHOLIC DIOCESE OF ROCHESTER, DEFENDANTS-RESPONDENTS. |
Respondents having moved to strike the record filed by appellant on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 27, 2017, on the ground that the contents of the record filed does not comport with the order settling the record,
Now, upon reading and filing the affirmation of Philip G. Spellane, Esq., received December 29, 2017, the notice of motion with proof of service thereof, and the statement of Christopher Ezeh dated January 5, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and
It is further ORDERED that the appeal is dismissed unless appellant files and serves a record in compliance with the order settling the record in accordance with this Court's rules on or before February 8, 2018.
Entered: January 18, 2018
Mark W. Bennett, Clerk