| PETER R. MORGAN V MOVAC |
| Motion No: CA 24-00245 |
| Slip Opinion No: 2025 NY Slip Op 70521(U) |
| Decided on June 5, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-00245
| PETER R. MORGAN, PLAINTIFF-APPELLANT, V MOVAC,
DEFENDANT-RESPONDENT.
|
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Herkimer County, entered September 26, 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 insofar as it seeks to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before August 26, 2025, and
It is further ORDERED that the motion insofar as it seeks an order settling the record on appeal is denied without prejudice to a motion seeking such relief in Supreme Court (see 22 NYCRR 1250.7 [g]; 1000.7 [b]; Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]).
Entered: June 5, 2025
Ann Dillon Flynn
Clerk of the Court