| NATHANIEL TOTARO, - V BRIAN MALINKOWSKI |
| Motion No: CA 23-01739 |
| Slip Opinion No: 2024 NY Slip Op 68612(U) |
| Decided on May 29, 2024 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 23-01739
| NATHANIEL TOTARO, PLAINTIFF-APPELLANT, ET AL.,
PLAINTIFF, V BRIAN MALINKOWSKI, DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal (denominated motion for an order granting vacatur of the dismissal of appellant's brief, or in the alternative, leave to file and serve an amended brief) taken herein from an order of the Supreme Court, Erie County, entered March 24, 2023,
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 to the extent that the dismissal of the appeal as to plaintiff Nathaniel Totaro is hereby vacated on the condition that the appeal on behalf of plaintiff Nathaniel Totaro is perfected on or before July 29, 2024, and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Entered: May 29, 2024
Ann Dillon Flynn
Clerk of the Court