Opinion
Motion No: CA 11-01518
09-19-2011
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 October 14, 2010,
Now, upon reading and filing the affirmation of Jason L. Schmidt, Esq., dated August 31, 2011, the affirmation of Robert Brucato, Esq., dated August 31, 2011, the notice of motion with proof of service thereof, and the affirmation of Michael Paskowitz, Esq., dated September 8, 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 November 18, 2011.
Patricia L. Morgan, Clerk