EDISON B BREGAUDIT V LORETTO HEALTH AND REHABILITATION CENTER, AND PRO SCAPES, INC., .
Motion No: CA 21-01590
Slip Opinion No: 2022 NY Slip Op 63142(U)
Decided on March 14, 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.


March 14, 2022

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.

CA 21-01590

EDISON B BREGAUDIT, PLAINTIFF-APPELLANT,

V

LORETTO HEALTH AND REHABILITATION CENTER, AND

PRO SCAPES, INC., DEFENDANTS-RESPONDENTS-APPELLANTS.



Loretto Health and Rehabilitation having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Onondaga County, entered August 3, 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 denied, without prejudice and leave to renew with a timely motion to vacate pursuant to 22 NYCRR 1250.10 (c), subsequent to the proper filing of a notice of appeal in NYSCEF.

Entered: March 14, 2022

Ann Dillon Flynn

Clerk of the Court