| SAM PILATO AND SON, INC., AND SAM PILATO V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ |
| Motion No: CA 06-03448 |
| Slip Opinion No: 2008 NYSlipOp 64933(U) |
| Decided on February 19, 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 06-03448
| SAM PILATO AND SON, INC., AND SAM PILATO,
PLAINTIFFS-RESPONDENTS, V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ, JR., JOHN F. STAROWITZ,
ANDREW J. STAROWITZ AND FRANK STAROWITZ, DEFENDANTS-APPELLANTS. |
Appellants 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 Genesee on October 25, 2006,
Now, upon reading and filing the affidavits of Frank Starowitz sworn to
November 9, 2007 and February 4, 2008, the notice of motion with proof of service thereof, the opposing affirmation of E. Robert Fussell dated 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 appellants perfect the appeal on or before March 31, 2008.
Entered: February 19, 2008
JoAnn M. Wahl, Clerk