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.

Appellant having moved to vacate or hold in abeyance this Court's motion order entered January 18, 2018, in 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, and for an extension of time to file and serve a record on appeal,

Now, upon reading and filing the affidavit of Christopher Ezeh sworn to January 25, 2018, 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 denied insofar as it seeks to vacate or hold in abeyance this Court's motion order entered January 18, 2018, without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve a record on appeal in accordance with the order settling the record to the extent that the second ordering paragraph of the order of this Court dated January 18, 2018, is hereby amended by deleting the date February 8, 2018, and inserting the in its place the date March 12, 2018.

Entered: February 22, 2018

Mark W. Bennett, Clerk