| QUINTIN A. NOWLIN V CHARLIE SCHIANO, JR., ESQ., CHARLIE SCHIANO, SR., ESQ., AND THE SCHIANO LAW FIRM |
| Motion No: CA 17-01546 |
| Slip Opinion No: 2018 NY Slip Op 67733(U) |
| Decided on March 22, 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 17-01546
| QUINTIN A. NOWLIN, PLAINTIFF-APPELLANT, V CHARLIE SCHIANO, JR.,
ESQ., CHARLIE SCHIANO, SR., ESQ., AND THE SCHIANO LAW FIRM, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 11, 2017, on the ground that appellant failed to perfect timely the appeal, and appellant having moved for an extension of time to perfect the appeal and for other relief,
Now, upon reading and filing the affidavit of Paul G. Ferrara, Esq., sworn to February 15, 2018, the affidavits of Quintin A. Nowlin sworn to February 26, 2018, and March 5, 2018, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is dismissed as unnecessary (see 22 NYCRR 1000.12 [b]), and
It is further ORDERED that, insofar as appellant's motion seeks to vacate dismissal of the appeal, appellant's motion is granted on the condition that appellant perfects the appeal on or before May 22, 2018, and the motion is otherwise denied.
Entered: March 22, 2018
Mark W. Bennett, Clerk