Opinion
2022-62336 Motion CA 21-01256
03-01-2022
ANDRE STEVENSON AND TAMMY STEVENSON, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, v. RED ROOF INNS, INC., DEFENDANT-RESPONDENT, AND GRACE PROPERTY SERVICE, INC, DEFENDANT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, dated July 27, 2021,
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 dismissed without prejudice and leave to renew upon the timely filing and service of a new motion that includes a notice of appeal from the order dated July 27, 2021, proof of service of the notice of appeal, and proof of filing of the notice of appeal.
Memorandum: This motion only included a notice of appeal from a decision dated July 16, 2021. This decision is not appealable (see Kuhn v Kuhn, 129 A.D.2d 967, 967).