| TOWER DB VIII TRUST 2018-I V DANIEL J. WIK, DOING BUSINESS AS CINOLE HEATHER STEPHENSON, EXECUTRIX OF THE ESTATE OF |
| Motion No: CA 24-01711 |
| Slip Opinion No: 2025 NY Slip Op 74431(U) |
| Decided on July 28, 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 24-01711
| TOWER DB VIII TRUST 2018-I, PLAINTIFF-RESPONDENT, V DANIEL J. WIK,
DOING BUSINESS AS CINOLE, DEFENDANT-APPELLANT, HEATHER STEPHENSON, EXECUTRIX OF THE ESTATE OF WILLIAM SHARPSTEEN, DECEASED, NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE; AND JOHN DOE #1 "THROUGH" JOHN DOE #100, DEFENDANTS.
Index No: E2021009583
|
Appellant having moved to vacate the dismissal of the appeal (denominated motion for an extension of time to perfect) taken herein from an order of the Supreme Court, Monroe County, entered March 21, 2024 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 September 26, 2025, and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Memorandum: A motion to settle the record is properly brought to Supreme Court, Monroe County (see 22 NYCRR 1250.7 [g]; 1000.7 [b]; Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]).
Entered: July 28, 2025
Ann Dillon Flynn
Clerk of the Court