WILLIAM CRAWFORD V R. JEWULA HOLDINGS LLC, AND THE ORIGINAL PANCAKE HOUSE OF ORCHARD PARK, INC.

WILLIAM CRAWFORD V R. JEWULA HOLDINGS LLC, AND THE ORIGINAL PANCAKE HOUSE OF ORCHARD PARK, INC.

Motion No: CA 18-01103

Slip Opinion No: 2018 NY Slip Op 77776(U)

Decided on July 10, 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.

July 10, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-01103

WILLIAM CRAWFORD, PLAINTIFF-APPELLANT,
V
R. JEWULA HOLDINGS LLC, AND THE ORIGINAL PANCAKE HOUSE OF
ORCHARD PARK, INC., DEFENDANTS-RESPONDENTS.

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 May 26, 2017,

Now, upon reading and filing the affirmation of Terrance P. Higgins, Esq., dated June 14, 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 denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).

Entered: July 10, 2018

Mark W. Bennett, Clerk