| JANET CARDULLA V GALYANS TRADING COMPANY, INC. |
| Motion No: CA 08-01975 |
| Slip Opinion No: 2008 NYSlipOp 89479(U) |
| Decided on November 17, 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 08-01975
| JANET CARDULLA, ET AL., PLAINTIFF, V GALYANS TRADING
COMPANY, INC., DEFENDANT, WILLIAM K. MATTAR, P.C., APPELLANT, BROWN CHIARI, LLP,
RESPONDENT. |
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 October 26, 2007,
Now, upon reading and filing the affirmation of Lawrence J. Mattar dated November 4, 2008, the notice of motion with proof of service thereof, the opposing affidavit of James M. Mucklewee sworn to November 14, 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 January 16, 2009.
Entered: November 17, 2008
JoAnn M. Wahl, Clerk