Opinion
DOCKET NO. CA 16-00970
06-20-2016
CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULU BAITY, PLAINTIFF-APPELLANT, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, GRACE MANOR HEALTH CARE FACILITY,INC., NELDA LAWLER, M.D, AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS,
PRESENT:
Appellant having moved to vacate dismissal of the appeal (denominated "Relief from Judgment on Ground of (1) Misconduct on Part of Opposing Counsel; (2) Excusable Law Office Failure") taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 11, 2015,
Now, upon reading and filing the affirmations of Louis Rosado, Esq., received June 7, 2016, and June 17, 2016, the affirmation of Carmen Britt sworn to June 4, 2016, the notice of motion with proof of service thereof, the affidavit of Adam C. Ferrandino, Esq., sworn to June 13, 2016, and the affidavit of Michael J. Willett, Esq., sworn to June 14, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal is granted, on the condition that appellant perfects the appeal on or before August 19, 2016, and
It is further ORDERED that the motion is otherwise denied.
Entered: June 20, 2016
Frances E. Cafarell, Clerk