| CYNTHIA DIANE QUEEN, V DAVID J. KOGUT AND SHIRLEY A. KOGUT, . |
| Motion No: CA 18-00547 |
| Slip Opinion No: 2018 NY Slip Op 83563(U) |
| Decided on September 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00547
| CYNTHIA DIANE QUEEN, PLAINTIFF-APPELLANT-RESPONDENT, V DAVID
J. KOGUT AND SHIRLEY A. KOGUT, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved to vacate the dismissal of the cross appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 20, 2017,
Now, upon reading and filing the affirmation of Ryan J. Mills, Esq., dated August 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: September 10, 2018
Mark W. Bennett, Clerk