| EDWARD JARZEMBAK V HERTEL PARK ASSOCIATES, A LIMITED PARTNERSHIP, AND STUART ALEXANDER |
| Motion No: CA 06-02186 |
| Slip Opinion No: 2007 NYSlipOp 80408(U) |
| Decided on October 9, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 06-02186
| EDWARD JARZEMBAK, PLAINTIFF-APPELLANT, V HERTEL PARK ASSOCIATES, A LIMITED PARTNERSHIP, AND STUART ALEXANDER, DEFENDANTS-RESPONDENTS. |
Appellant having renewed the motion 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 June 6, 2006,
Now, upon reading and filing the affidavit of John F. Prescott, Jr. sworn to
September 20, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that appellant perfect the appeal on or before December 7, 2007.
Entered: October 9, 2007
JoAnn M. Wahl, Clerk