| MATTER OF MIGUEL HARVEY V JOHN BURGE |
| Motion No: CA 06-01210 |
| Slip Opinion No: 2008 NYSlipOp 71419(U) |
| Decided on May 5, 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 06-01210
| MATTER OF MIGUEL HARVEY, PETITIONER-APPELLANT, V JOHN
BURGE, RESPONDENT-RESPONDENT. |
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 Cayuga on April 11, 2006,
Now, upon reading and filing the affidavit of Miguel Harvey sworn to April 17, 2008, 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 July 3, 2008.
Entered: May 5, 2008
JoAnn M. Wahl, Clerk