Opinion
DOCKET NO. CA 13-02003
03-10-2014
FRANKLIN TATE, PLAINTIFF-APPELLANT, v. TIMOTHY L. BROWN, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the 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 Erie on July 31, 2013,
Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated February 10, 2014, and February 20, 2014, the notice of motion with proof of service thereof, and the affirmation of Hilary C. Banker, Esq., dated February 18, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before May 9, 2014.
Frances E. Cafarell, Clerk