| CNB BANK V NEW CREATION FELLOWSHIP OF BUFFALO A RELIGIOUS CORPORATION STEPHEN GRANT |
| Motion No: CA 21-01641 AND CA 24-00401 |
| Slip Opinion No: 2024 NY Slip Op 65311(U) |
| Decided on April 1, 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 21-01641 AND CA 24-00401
| CNB BANK, PLAINTIFF-RESPONDENT, V NEW CREATION FELLOWSHIP OF
BUFFALO A RELIGIOUS CORPORATION, DEFENDANT-APPELLANT, STEPHEN GRANT, DEFENDANT. |
Appellant having moved to consolidate the appeals taken herein from an order of the Supreme Court, Erie County, entered June 24, 2021 (Docket No. CA 21-01641) and the judgment entered December 15, 2023 (Docket No. CA 24-00401) and to vacate the dismissal of the appeal under Docket No. CA 21-01641,
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 consolidate the appeals is dismissed as unnecessary (see 22 NYCRR 1250.9 [f][3]), and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of appeal under Docket No. CA 21-01641, is granted on the condition that the appeal is perfected on or before May 31, 2024.
Entered: April 1, 2024
Ann Dillon Flynn
Clerk of the Court