| ANDRE STEVENSON AND TAMMY STEVENSON, INDIVIDUALLY AND AS HUSBAND AND WIFE V RED ROOF INNS, INC. AND GRACE PROPERTY |
| Motion No: CA 21-01256 |
| Slip Opinion No: 2022 NY Slip Op 62336(U) |
| Decided on March 1, 2022 |
| 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 LINDLEY, JJ.
CA 21-01256
| ANDRE STEVENSON AND TAMMY STEVENSON, INDIVIDUALLY AND
AS HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, V RED ROOF INNS, INC., DEFENDANT-RESPONDENT, AND GRACE
PROPERTY SERVICE, INC, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, dated July 27, 2021,
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 without prejudice and leave to renew upon the timely filing and service of a new motion that includes a notice of appeal from the order dated July 27, 2021, proof of service of the notice of appeal, and proof of filing of the notice of appeal.
Memorandum: This motion only included a notice of appeal from a decision dated July 16, 2021. This decision is not appealable (see Kuhn v Kuhn, 129 AD2d 967, 967).
Entered: March 1, 2022
Ann Dillon Flynn
Clerk of the Court