| IN THE MATTER OF TOWN OF OGDEN V JEREMY WOLF |
| Motion No: CA 21-01619 |
| Slip Opinion No: 2021 NY Slip Op 75734(U) |
| Decided on December 6, 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 21-01619
| IN THE MATTER OF TOWN OF OGDEN,
PETITIONER-RESPONDENT, V JEREMY WOLF, RESPONDENT-APPELLANT.
|
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the County Court, Monroe County, entered April 28, 2021, and for other relief, and petitioner-respondent having cross moved to dismiss the appeal for failure to perfect timely, 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 insofar as it seeks to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before March 7, 2022, and
It is further ORDERED that the motion insofar as it seeks an order deeming the notice of appeal to be valid is granted, and the notice of appeal dated May 5, 2021, is deemed to be a valid notice of appeal (see CPLR 5520 [c]), and
It is further ORDERED that the motion is otherwise denied as premature, and
It is further ORDERED that the cross motion is dismissed.
Entered: December 6, 2021
Ann Dillon Flynn
Clerk of the Court