| PAUL TUTTLE, V KIP A. KELLER, . |
| Motion No: CA 23-00801 |
| Slip Opinion No: 2024 NY Slip Op 62470(U) |
| Decided on February 13, 2024 |
| 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 23-00801
| PAUL TUTTLE, PLAINTIFF-RESPONDENT-APPELLANT, V KIP
A. KELLER, DEFENDANT-APPELLANT-RESPONDENT, ET AL., DEFENDANT. |
Plaintiff having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court, Monroe County, entered April 3, 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 cross appeal is perfected on or before March 5, 2024.
Entered: February 13, 2024
Ann Dillon Flynn
Clerk of the Court