SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.

NO. 2004-1357 W C
MICHELE GRAY,

Respondent,

-against-

DECIDED

ROBERT ZAJICEK, JR.,

Appellant.

DECISION

Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by August 5, 2005; otherwise motion denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., ANGIOLILLO and COVELLO JJ.

NO.2004-1655 S C
MAUREEN GAYLE HEALEY,

Appellant,

-against-

GHEORGHE CIOCA and ECATERINA CIOCA and
JOHN P. OLIVER, ESQ., as Escrow Agent,

Respondent.

DECISION

Motion by plaintiff-appellant to vacate dismissal of the appeal is denied (see CPLR 5501 [a][1]; Matter of Aho, 39 NY2d 241, 248; see also Grober v Busigo, 133 AD2d 389; Imor v Imor, 114 AD2d 552; Calvagno v Nationwide Mut. Fire Ins. Co., 110 AD2d 741).