WINDSONG LANE FARMS V TELMARK, LLC,WELLS FARGO FINANCIAL LEASING, INC.,AND RONALD POPE
Motion No: CA 07-02244
Slip Opinion No: 2008 NYSlipOp 79520(U)
Decided on August 4, 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.


August 4, 2008

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

DOCKET NO. CA 07-02244

WINDSONG LANE FARMS, PLAINTIFF-RESPONDENT,

V

TELMARK, LLC,WELLS FARGO FINANCIAL LEASING, INC.,AND RONALD

POPE, DEFENDANTS-APPELLANTS.


Appellants 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 Jefferson on September 26, 2007,

Now, upon reading and filing the affidavit of Julian B. Modesti sworn to July 25, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Gabriel M. Nugent dated July 31, 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 August 18, 2008

Entered: August 4, 2008

JoAnn M. Wahl, Clerk