| MARY MERTZ V ERIE AND NIAGARA INSURANCE ASSOCIATION AND SCHENK & MILES AGENCY, INC. |
| Motion No: CA 24-00539 |
| Slip Opinion No: 2024 NY Slip Op 76346(U) |
| Decided on October 7, 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 24-00539
| MARY MERTZ, PLAINTIFF-RESPONDENT, V ERIE AND NIAGARA INSURANCE
ASSOCIATION AND SCHENK & MILES AGENCY, INC., DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Allegany County, entered February 15, 2024,
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 November 6, 2024.
Entered: October 7, 2024
Ann Dillon Flynn
Clerk of the Court