Opinion
DOCKET NO. CA 12-02010
07-02-2013
LINDA J. CASH, AS ADMINISTRATRIX OF THE ESTATE OF PENNY C. RIETHMILLER, DECEASED, PLAINTIFF-RESPONDENT, v. CHARLES R. HILL, DEFENDANT-APPELLANT, THOMAS P. CASH, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATORS OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, AND THOMAS P. CASH AND CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, DOING BUSINESS AS ELM STREET AUTOMOTIVE, DEFENDANTS.
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 Cattaraugus on April 5, 2012,
Now, upon reading and filing the affirmation of Brent C. Seymour, Esq., dated June 14, 2013, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to June 21, 2013, 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 September 3, 2013.
Frances E. Cafarell, Clerk