| ANTHONY P. GALLO, III V GERALD D. OTTEN, ELBERT VELDJESGRAAF, ADMIRAL- MERCHANTS MOTOR FREIGHT, INC., STATE LINE PILOT |
| Motion No: CA 23-00540 |
| Slip Opinion No: 2023 NY Slip Op 79053(U) |
| Decided on December 18, 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 23-00540
| ANTHONY P. GALLO, III, PLAINTIFF-RESPONDENT, V GERALD D. OTTEN,
ELBERT VELDJESGRAAF, ADMIRAL- MERCHANTS MOTOR FREIGHT, INC., STATE LINE PILOT CAR & PERMIT SERVICE, LLC,
DEFENDANTS-RESPONDENTS, 2528388 ONTARIO LTD, RALPH J. BETTS, AMY F.
BETTS, DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered March 29, 2023,
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 February 16, 2024.
Entered: December 18, 2023
Ann Dillon Flynn
Clerk of the Court