Opinion
DOCKET NO. CA 18-02119
02-21-2019
IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. JOHN SEAGRAVE, RESPONDENT-APPELLANT.
PRESENT:
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 18, 2017, and for other relief,
Now, upon reading and filing the affirmation of Mark A. Sacha, Esq., dated January 14, 2019, the notice of motion with proof of service thereof, and the affirmation of Allyson B. Levine, Esq., dated January 24, 2019, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied as untimely pursuant to 22 NYCRR 1250.10 (c), and
It is further ORDERED that the motion insofar as it seeks other relief is dismissed.
Entered: February 21, 2019
Mark W. Bennett, Clerk