| DAVID J. CASTERLINE AND DANIELLE M. VITO-CASTERLINE V BRIAN BURNS MEAD, - (APPEAL NO. 2.) |
| Motion No: CA 07-01470 |
| Slip Opinion No: 2007 NYSlipOp 84274(U) |
| Decided on November 20, 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, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-01470
| DAVID J. CASTERLINE AND DANIELLE M. VITO-CASTERLINE,
PLAINTIFFS-RESPONDENTS, V BRIAN BURNS MEAD, DEFENDANT-APPELLANT, ET AL., DEFENDANTS (APPEAL NO.
2.) |
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 January 9, 2007,
Now, upon reading and filing the affidavit of Shannon M. Heneghan sworn to
October 31, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Amy C. Martoche sworn to November 15, 2007, 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 4, 2007.
Entered: November 20, 2007
JoAnn M. Wahl, Clerk