| DEPEW COLLISION AND FRAME SERVICE, INC. V GURNEY, BECKER & BOURNE, INC. AND MAX BECKER |
| Motion No: CA 08-01625 |
| Slip Opinion No: 2008 NYSlipOp 82913(U) |
| Decided on September 8, 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 08-01625
| DEPEW COLLISION AND FRAME SERVICE, INC., PLAINTIFF-APPELLANT,
V GURNEY, BECKER & BOURNE, INC. AND MAX BECKER, DEFENDANTS-RESPONDENTS. |
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 Erie on April 14, 2008,
Now, upon reading and filing the affirmation of Richard G. Berger dated August 25, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Adam C. Ferrandino sworn to September 2, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before October 8, 2008 (see 22 NYCRR 1000.13 [g]).
Entered: September 8, 2008
JoAnn M. Wahl, Clerk