| SERINA R. MORGAN V DAVID W. POLAK |
| Motion No: CA 19-02263 |
| Slip Opinion No: 2021 NY Slip Op 66313(U) |
| Decided on May 19, 2021 |
| 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 19-02263
| SERINA R. MORGAN, PETITIONER-RESPONDENT, V DAVID W.
POLAK, RESPONDENT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, dated April 18, 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 dismissed with leave to renew upon the making of a new motion for the same relief that contains an affidavit setting forth good cause for vacatur of the dismissal, an intent to perfect the appeal within a reasonable time, and sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1250.10 [c]).
Entered: May 19, 2021
Mark W. Bennett
Clerk of the Court