| HABIBA ABDELALL V NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. , HARRY SCHATMEYER, III DOING BUSINESS AS MACDO FOODS |
| Motion No: CA 19-00906 |
| Slip Opinion No: 2019 NY Slip Op 71644(U) |
| Decided on May 28, 2019 |
| 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.
CA 19-00906
| HABIBA ABDELALL, PLAINTIFF-APPELLANT, V NIAGARA FRONTIER
TRANSIT METRO SYSTEM, INC., ET AL., DEFENDANTS, HARRY SCHATMEYER, III DOING BUSINESS AS MACDO FOODS, INC.,
DEFENDANT-RESPONDENT. HARRY SCHATMEYER, III DOING BUSINESS AS MACDO FOODS, INC., DEFENDANT/THIRD-PARTY
PLAINTIFF-RESPONDENT, V DELTA-SONIC CAR WASH SYSTEMS, INC., THIRD-PARTY DEFENDANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered July 23, 2018,
Now, upon reading and filing the papers with respect to the motion, 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 1250.10 [c]).
Entered: May 28, 2019
Mark W. Bennett
Clerk of the Court