Opinion
CA 20-00627
05-25-2021
BERNARD A. UNGER, PLAINTIFF-APPELLANT-RESPONDENT, v. MICHAEL GANCI, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 2.)
PRESENT:
Defendant having moved to vacate the dismissal of the cross appeal taken herein from a judgment of the Supreme Court, Erie County, entered March 11, 2020, for relief pursuant to CPLR 5520 (c), and for an extension of time to file and serve a respondent's brief in appeal No. 2,
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 inasmuch as the notice of cross appeal entered May 7, 2020, is treated as valid, and the appeal is deemed to be from the judgment entered March 11, 2020, and
It is further ORDERED that the motion is granted inasmuch as the same notice of cross appeal dated May 7, 2019, is hereby corrected and deemed to be a valid notice of cross appeal dated May 7, 2020, and
It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the cross appeal, on the condition that defendant files and serves a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) on or before June 23, 2021, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve a brief, and
the time to file and serve a brief in appeal No. 2 is extended to June 23, 2021.
Entered: May 25, 2021
Mark W. Bennett
Clerk of the Court