| BENJAMIN L. JOLLEY V AGOSTINHA R. LANDO |
| Motion No: CA 18-01429 |
| Slip Opinion No: 2018 NY Slip Op 91195(U) |
| Decided on December 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 18-01429
| BENJAMIN L. JOLLEY, PLAINTIFF-RESPONDENT, V AGOSTINHA R. LANDO,
DEFENDANT-APPELLANT. |
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 Steuben on December 12, 2017,
Now, upon reading and filing the affidavit of Robert J. Clune, Esq., sworn to November 21, 2018, the notice of motion with proof of service thereof, the affirmation of Emily M. Rockett, Esq., dated November 27, 2018, and the affirmation of Michael A. Rosenhouse, Esq., dated November 30, 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 8, 2019.
Entered: December 10, 2018
Mark W. Bennett, Clerk