| MICHAEL BIALECKI V HBO BUILDERS WEST, INC. |
| Motion No: CA 22-00401 |
| Slip Opinion No: 2023 NY Slip Op 63134(U) |
| Decided on March 6, 2023 |
| 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, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 22-00401
| MICHAEL BIALECKI, PLAINTIFF-APPELLANT, V HBO BUILDERS WEST,
INC., DEFENDANT-RESPONDENT. |
Plaintiff-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Cattaraugus County, entered March 10, 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 is granted on the condition that the appeal is perfected on or before May 5, 2023.
Entered: March 6, 2023
Ann Dillon Flynn
Clerk of the Court