Skitzki v. Neal

Full title: JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, v. MELISSA NEAL, DEFENDANT-APPELLANT.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Oct 21, 2019

2019 N.Y. Slip Op. 82472 (N.Y. App. Div. 2019)

Opinion

CA 18-00762 CA 18-00763 CA 18-02301

10-21-2019

JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, v. MELISSA NEAL, DEFENDANT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

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 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 November 26, 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: October 21, 2019

Mark W. Bennett

Clerk of the Court