| KIMBERLY HERR AS ADMINISTRATOR OF THE ESTATE OF MARK HERR V WILLCARE, INC |
| Motion No: CA 21-00508 |
| Slip Opinion No: 2021 NY Slip Op 67205(U) |
| Decided on May 28, 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: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
CA 21-00508
| KIMBERLY HERR AS ADMINISTRATOR OF THE ESTATE OF MARK
HERR, PLAINTIFF-RESPONDENT, V WILLCARE, INC, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered October 1, 2020,
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 June 28, 2021.
Entered: May 28, 2021
Mark W. Bennett
Clerk of the Court