JONATHAN JOHNSON V HAROLD GRAHAM AND CHERYL PARMITER
Motion No: CA 19-02074
Slip Opinion No: 2020 NY Slip Op 63111(U)
Decided on February 10, 2020
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.


February 10, 2020

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-02074

JONATHAN JOHNSON, PLAINTIFF-APPELLANT,

V

HAROLD GRAHAM AND CHERYL PARMITER, DEFENDANTS-RESPONDENTS.


Appellant having moved for permission to file the record without a stipulation or certification, to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Cayuga County, entered March 7, 2019 (denominated a motion for an extension of time to perfect), and for other relief,

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 insofar as it seeks permission to file the record without a stipulation or certification, and

It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal on the condition the appeal is perfected on or before April 29, 2020, and,

It is further ORDERED that the motion is otherwise denied.

Entered: February 10, 2020

Mark W. Bennett

Clerk of the Court