MARY ULES V COUNTY OF ONEIDA
Motion No: CA 22-01401 and CA 23-00302
Slip Opinion No: 2023 NY Slip Op 66295(U)
Decided on April 24, 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.


April 24, 2023

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 22-01401 and CA 23-00302

MARY ULES, PLAINTIFF-APPELLANT,

V

COUNTY OF ONEIDA, DEFENDANT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeals taken herein from an order of the Supreme Court, Oneida County, entered March 31, 2022 (CA 22-01401; appeal No. 1), and December 1, 2022 (CA 23-00302; appeal No. 2),

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 appeal No. 1 is granted on the condition that the appeal is perfected on or before June 23, 2023.

It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of appeal No. 2 is dismissed as unnecessary (see 22 NYCRR 1250.10 [a]), and

It is further ORDERED that the time to perfect appeal No. 2 is extended to June 23, 2023, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 24, 2023

Ann Dillon Flynn

Clerk of the Court