| DONALD PRESTON V CASTLE POINTE, LLC, SL MASTER LESSEE II, LLC, HEALTH CARE REIT, INC., HCRI PENNSYLVANIA PROPERTIES |
| Motion No: CA 18-01235 |
| Slip Opinion No: 2018 NY Slip Op 78769(U) |
| Decided on July 23, 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 18-01235
| DONALD PRESTON, PLAINTIFF-APPELLANT, V CASTLE POINTE, LLC, SL
MASTER LESSEE II, LLC, HEALTH CARE REIT, INC., HCRI PENNSYLVANIA PROPERTIES HOLDING COMPANY, HCRI ILLINOIS PROPERTIES, LLC, HCRI
WISCONSIN PROPERTIES, LLC, SENIOR LIFESTYLE MANAGEMENT, L.L.C., DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANT. |
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 August 11, 2017,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to July 10, 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 granted, on the condition that appellant perfects the appeal on or before September 21, 2018.
Entered: July 23, 2018
Mark W. Bennett, Clerk