| IN THE MATTER OF LEROY JOHNSON V STEWART ECKERT |
| Motion No: CA 21-01147 |
| Slip Opinion No: 2022 NY Slip Op 67794(U) |
| Decided on June 21, 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 21-01147
| IN THE MATTER OF LEROY JOHNSON,
PETITIONER-APPELLANT, V STEWART ECKERT, RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal (denominated motion to dismiss cause of action) of the appeal taken herein from a judgment of the Supreme Court, Erie County, rendered April 29, 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 granted on the condition that the appeal is perfected on or before August 22, 2022.
Entered: June 21, 2022
Ann Dillon Flynn
Clerk of the Court