Opinion
No. CA 09-00905.
February 11, 2010.
Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered January 27, 2009. The order granted the motion of defendant to vacate two default judgments entered against it upon a certain condition.
DUTCHER ZATKOWSKY, ROCHESTER (MILES P. ZATKOWSKY OF COUNSEL), FOR PLAINTIFF-APPELLANT.
UNDERBERG KESSLER LLP, CANANDAIGUA (MARGARET E. SOMERSET OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Smith, J.P., Peradotto, Carni, Pine and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Matter of Eric D. [appeal No. 1], 162 AD2d 1051).