Opinion
Motion No: CA 10-01871
12-05-2011
MICHELLE L. DUKE, PLAINTIFF-RESPONDENT, v. BRIAN A. DUKE, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 March 25, 2010,
Now, upon reading and filing the affidavits of Brian A. Duke sworn to November 8, 2011, the notice of motion with proof of service thereof, and the affidavit of Jonathan Schapp, Esq., sworn to November 17, 2011, 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 January 4, 2012.
Patricia L. Morgan, Clerk