JOHN L. OLSZEWSKI, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF NICHOLAS J. OLSZEWSKI, AN INFANT UNDER THE AGE OF
Motion No: CA 08-01602
Slip Opinion No: 2008 NYSlipOp 83429(U)
Decided on September 16, 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.


September 16, 2008

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

DOCKET NO. CA 08-01602

JOHN L. OLSZEWSKI, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF NICHOLAS J. OLSZEWSKI, AN INFANT UNDER THE AGE

OF 14 YEARS, PLAINTIFF-RESPONDENT,

V

THOMAS B. HALL, ET AL., DEFENDANTS, AND SCI FUNERAL

SERVICES OF NEW YORK, INC. DOING BUSINESS AS PIRRO & SONS

FUNERAL HOME, 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 Onondaga on October 29, 2007,

Now, upon reading and filing the affirmation of Marc B. Schuley dated August 27, 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 October 16, 2008.

Entered: September 16, 2008

JoAnn M. Wahl, Clerk