| MATTHEW PERRINO V FRANCIS T. MAGUIRE, DDS AND JEFFREY R. KUNTZ, DDS (APPEAL NO. 2.) |
| Motion No: CA 08-00185 |
| Slip Opinion No: 2008 NYSlipOp 88949(U) |
| Decided on November 10, 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 08-00185
| MATTHEW PERRINO, PLAINTIFF-APPELLANT, V FRANCIS T. MAGUIRE,
DDS, DEFENDANT, AND JEFFREY R. KUNTZ, DDS, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
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 January 2, 2008,
Now, upon reading and filing the affidavit of Nathan C. Doctor sworn to October 21, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Jennifer L. Noah sworn to November 3, 2008, the reply affidavit of Nathan C. Doctor sworn to November 5, 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 November 25, 2008.
Entered: November 10, 2008
JoAnn M. Wahl, Clerk