| GEORGE VANDERSTOW AND MARCY VANDERSTOW V ALBERT F. ACKER AND JUDITH D. ACKER |
| Motion No: CA 07-01161 |
| Slip Opinion No: 2008 NYSlipOp 63501(U) |
| Decided on February 13, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-01161
| GEORGE VANDERSTOW AND MARCY VANDERSTOW,
PLAINTIFFS-RESPONDENTS, V ALBERT F. ACKER, DEFENDANT, AND JUDITH D. ACKER,
DEFENDANT-APPELLANT. |
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 Ontario on
February 28, 2007,
Now, upon reading and filing the affidavit of Keith D. Miller sworn to January 29, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Peter Rolph sworn to February 4, 2008, the reply affidavit of Keith D. Miller sworn to February 8, 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 appellant perfect the appeal on or before April 11, 2008.
Entered: February 13, 2008
JoAnn M. Wahl, Clerk