| JIMMIE LARKE, III, AND JUSTIN LARKE V TINA MCCARY MOORE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MELVIN E. |
| Motion No: CA 20-00620 |
| Slip Opinion No: 2022 NY Slip Op 62524(U) |
| Decided on January 31, 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 CARNI, JJ.
CA 20-00620
| JIMMIE LARKE, III, AND JUSTIN LARKE,
PLAINTIFFS-APPELLANTS, V TINA MCCARY MOORE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MELVIN E. MOORE,
DECEASED, DEFENDANT, ING RELIASTAR LIFE INSURANCE COMPANY, AND ING U.S. INC., ALSO KNOWN AS VOGA FINANCIAL, INC.,
DEFENDANTS-RESPONDENTS.
|
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered September 3, 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 denied as untimely (see 22 NYCRR 1250.10 [c]).
Entered: January 31, 2022
Ann Dillon Flynn
Clerk of the Court