| RODNEY BARBER V VICTOR J. ANZIANO, - . |
| Motion No: CA 18-02063 |
| Slip Opinion No: 2018 NY Slip Op 90300(U) |
| Decided on December 3, 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 18-02063
| RODNEY BARBER, PLAINTIFF-RESPONDENT, V VICTOR J. ANZIANO,
DEFENDANT-APPELLANT, 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 Genesee on January 31, 2018,
Now, upon reading and filing the affidavit of Matthew E. Whritenour, Esq., sworn to November 13, 2018, the notice of motion with proof of service thereof, and the affidavit of Brian D. Knauth, Esq., sworn to November 19, 2018, 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 February 1, 2019.
Entered: December 3, 2018
Mark W. Bennett, Clerk