JOHN CLYDE V FRANCISCAN SISTER OF ALLEGANY, N.Y., INC., , KINLEY CORPORATION
Motion No: CA 22-00219
Slip Opinion No: 2022 NY Slip Op 70554(U)
Decided on August 22, 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.


August 22, 2022

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

CA 22-00219

JOHN CLYDE, PLAINTIFF-RESPONDENT,

V

FRANCISCAN SISTER OF ALLEGANY, N.Y., INC., ET AL. DEFENDANT,

KINLEY CORPORATION, DEFENDANT-APPELLANT.



KINLEY CORPORATION, THIRD-PARTY PLAINTIFF-RESPONDENT,

V

NEW YORK COMMERCIAL FLOORING, INC., THIRD-PARTY

DEFENDANT-APPELLANT.


Kinley Corporation having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Cattaraugus County, entered January 3, 2022,

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 the dismissal of the appeal is granted on the condition that the appeal is perfected on or before October 21, 2022.

Entered: August 22, 2022

Ann Dillon Flynn

Clerk of the Court