| KEITH T. HOLMES V KEVIN D. MCCREA STEVON K.SPENCER |
| Motion No: CA 19-01669 |
| Slip Opinion No: 2019 NY Slip Op 87147(U) |
| Decided on December 31, 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., CURRAN, TROUTMAN, WINSLOW, AND BANNISTER, JJ.
CA 19-01669
| KEITH T. HOLMES, PLAINTIFF-APPELLANT, V KEVIN D. MCCREA,
DEFENDANT-RESPONDENT, STEVON K.SPENCER, DEFENDANT-APPELLANT. |
Appellant Stevon K. Spencer having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Monroe County, entered February 26, 2019,
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 granted on the condition that the appeal is perfected on or before January 6, 2020, and
It is further ORDERED that the appeal is removed from the Court's day calendar for January 15, 2020, and is added to the Court's day calendar for February 26, 2020.
Entered: December 31, 2019
Mark W. Bennett
Clerk of the Court