| CATHERINE BARNES AND SCOTT BARNES V DEAN E. FIX AND DAVID S. BRODERICK, ADMINISTRATOR OF THE ESTATE OF HARRISON W. |
| Motion No: CA 08-02152 |
| Slip Opinion No: 2009 NYSlipOp 62236(U) |
| Decided on January 27, 2009 |
| 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: HURLBUTT, J.P., MARTOCHE, GREEN, AND PINE
DOCKET NO. CA 08-02152
| CATHERINE BARNES AND SCOTT BARNES, PLAINTIFFS-RESPONDENTS, V
DEAN E. FIX AND DAVID S. BRODERICK, ADMINISTRATOR OF THE ESTATE OF HARRISON W. CALEB, JR., DECEASED, DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANTS. |
Defendant Dean E. Fix having moved to vacate the dismissal of his cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 24, 2007,
Now, upon reading and filing the affirmation of Daniel R. Archilla dated January 15, 2009, 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 defendant perfect the cross appeal on or before February 4, 2009, and
It is hereby ORDERED that respondents' briefs, if any, shall be filed and served on or before February 19, 2009.
Entered: January 27, 2009
JoAnn M. Wahl, Clerk