| ALEX S. VIAL V WNY IT SERVICES, INC., FORMERALLY KNOWN AS VELOCITY SERVERS INC. |
| Motion No: CA 23-00079 |
| Slip Opinion No: 2023 NY Slip Op 67110(U) |
| Decided on May 8, 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 23-00079
| ALEX S. VIAL, PLAINTIFF-APPELLANT, V WNY IT SERVICES,
INC., FORMERALLY KNOWN AS VELOCITY SERVERS INC., DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered July 21, 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 July 7, 2023.
Entered: May 8, 2023
Ann Dillon Flynn
Clerk of the Court