| ROBERT D. KEHOE V HOLIDAY VALLEY RESORT (WIN-SUM SKI CORP.) |
| Motion No: CA 25-00358 |
| Slip Opinion No: 2026 NY Slip Op 61545(U) |
| Decided on January 27, 2026 |
| 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 25-00358
| ROBERT D. KEHOE, PLAINTIFF-APPELLANT, V HOLIDAY VALLEY RESORT
(WIN-SUM SKI CORP.), DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Cattaraugus County, entered January 23, 2025,
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 denied, with leave to renew upon filing a new motion pursuant to CPLR 5520 (c) seeking leave to correct the date on the notice of appeal and to vacate the dismissal of the appeal.
Memorandum: The notice of appeal is dated February 23, 2023, and the order appealed is dated January 23, 2025.
Entered: January 27, 2026
Ann Dillon Flynn
Clerk of the Court