| P. MARC SAMPSON V RAINBOW FORD LINCOLN MERCURY, INC., |
| Motion No: CA 08-01956 |
| Slip Opinion No: 2008 NYSlipOp 89503(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 08-01956
| P. MARC SAMPSON, PLAINTIFF-RESPONDENT, V RAINBOW FORD
LINCOLN MERCURY, INC., DEFENDANT-APPELLANT-RESPONDENT, DANIEL LANG, DEFENDANT-RESPONDENT, ET AL.,
DEFENDANT, AND RAINBOW FORD LINCOLN MERCURY, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V MARC SAMPSON, DOING BUSINESS
AS, THIRD-PARTY DEFENDANT-APPELLANT. |
Third-party defendant having moved to vacate the dismissal of his appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on December 5, 2007,
Now, upon reading and filing the affirmation of Tara S. Evans dated October 28, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Elizabeth J. Grogan dated November 7, 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 third-party defendant perfect the appeal on or before November 26, 2008.
Entered: November 17, 2008
JoAnn M. Wahl, Clerk