Opinion
Motion No: CA 14-02053
12-12-2014
MIDFIRST BANK, PLAINTIFF-APPELLANT, v. MUHAMMAD ISA, ET AL., DEFENDANTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 20, 2013, and having moved for an extension of time to perfect the appeal and for permission to perfect the appeal by including the transcript of the proceedings on April 17, 2014, in lieu of an order settling the record,
Now, upon reading and filing the affirmation of Joseph F. Battista, Esq., dated November 10, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to perfect the appeal without a stipulated or settled record is denied, and
It is further ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before February 9, 2015, and
It is further ORDERED that the motion is otherwise dismissed.
Entered: December 12, 2014
Frances E. Cafarell, Clerk