| IN THE MATTER OF KESHA BERRY V BELMONT HOUSING RESOURCES FOR WNY |
| Motion No: CA 17-01235 |
| Slip Opinion No: 2018 NY Slip Op 68502(U) |
| Decided on March 27, 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 17-01235
| IN THE MATTER OF KESHA BERRY, PETITIONER-APPELLANT, V BELMONT
HOUSING RESOURCES FOR WNY, RESPONDENT-RESPONDENT. |
Appellant 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 September 13, 2016, and having moved for permission to proceed as a poor person and other relief,
Now, upon reading and filing the affidavit of Kesha Berry sworn to March 9, 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 insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before May 29, 2018, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary on the ground that such relief was granted by order of this Court entered July 17, 2017, and
It is further ORDERED that the motion is otherwise denied.
Entered: March 27, 2018
Mark W. Bennett, Clerk