Opinion
CA 18-00762 CA 18-00763 CA 18-02301
07-29-2019
JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, v. MELISSA NEAL, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved to vacate the dismissal of the appeals taken herein from an order and a judgment of the Supreme Court, Erie County, entered December 19, 2017 (docket No. CA 18-00762), and December 29, 2017 (docket No. CA 18-00763), and vacate dismissal of appeal No. 3 (denominated an extension of time to perfect the appeal) taken herein from the order entered July 26, 2018 (docket No. CA 18-02301),
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 granted insofar as it seeks to vacate dismissal of appeal No. 3 taken herein from the order entered July 26, 2018 (docket No. CA 18-02301)on the condition that the appeal is perfected on or before September 27, 2019, and
It is further ORDERED that the motion insofar as it seeks to vacate dismissal of the appeals taken herein from the order entered December 19, 2017 (docket No. CA 18-00762), and the judgment entered December 29, 2017 (docket No. CA 18-00763), is denied as untimely pursuant to 22 NYCRR 1250.10 (c).
Entered: July 29, 2019
Mark W. Bennett
Clerk of the Court