IN THE MATTER OF KIMALIN J. AND GEORGE J., A MINOR - V NIAGARA FALLS HOUSING AUTHORITY, WILLIAM M. PATTERSON, CHAIRMAN
Motion No: CA 07-02705
Slip Opinion No: 2008 NYSlipOp 61816(U)
Decided on January 23, 2008
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.


January 23, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-02705

IN THE MATTER OF KIMALIN J. AND GEORGE J., A MINOR

PETITIONERS-APPELLANTS,

V

NIAGARA FALLS HOUSING AUTHORITY, WILLIAM M. PATTERSON,

CHAIRMAN, NFHA AND MARCIA MASSARO, MANAGER, NFHA,

RESPONDENTS-RESPONDENTS.


Appellants having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 1, 2007,

Now, upon reading and filing the affirmation of Louis Rosado dated January 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Mitchell J. Banas, Jr. dated January 17, 2008, 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 appellants perfect the appeal on or before February 22, 2008.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk