| DEPEW COLLISION AND FRAME SERVICE, INC. V GURNEY, BECKER & BOURNE, INC. AND MAX BECKER |
| Motion No: CA 08-01625 |
| Slip Opinion No: 2008 NYSlipOp 88298(U) |
| Decided on October 31, 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 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 Erie on April 14, 2008,
Now, upon reading and filing the affirmation of Richard G. Berger dated October 6, 2008, the affidavit of Edmund L. Onetto sworn to October 6, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Randy C. Mallaber dated October 22, 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 appellant perfect the appeal on or before December 1, 2008.
Entered: October 31, 2008
JoAnn M. Wahl, Clerk