| GRACE M. JACKSON V EDWARD A. JACKSON |
| Motion No: CA 23-01619 |
| Slip Opinion No: 2024 NY Slip Op 64939(U) |
| Decided on March 25, 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 23-01619
Index No: 901205-2019
| GRACE M. JACKSON, PLAINTIFF-RESPONDENT, V EDWARD A. JACKSON,
DEFENDANT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Erie County, entered May 3, 2023, and for other relief,
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 dismissed on the ground that the appeal was automatically dismissed upon appellant's failure to perfect the appeal on or before February 21, 2024.
Memorandum: Appellant's remedy is a motion to vacate the dismissal of the appeal (see 22 NYCRR 1250.10[c]).
Entered: March 25, 2024
Ann Dillon Flynn
Clerk of the Court