| IN THE MATTER OF ROBERT M. WEICHERT V VILLAGE OF EVANS MILLS , COUNTY OF JEFFERSON |
| Motion No: CA 19-01092 |
| Slip Opinion No: 2019 NY Slip Op 82474(U) |
| Decided on October 21, 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 19-01092
| IN THE MATTER OF ROBERT M. WEICHERT,
PETITIONER-RESPONDENT, V VILLAGE OF EVANS MILLS, ET AL., RESPONDENTS, COUNTY OF JEFFERSON,
RESPONDENT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Jefferson County, entered February 28, 2019, on the ground that the record submitted is insufficient,
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 is denied without prejudice to a motion to settle the record in Supreme Court (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).
Entered: October 21, 2019
Mark W. Bennett
Clerk of the Court