| DOLE FOOD COMPANY, INC. AND DOLE FRESH FRUIT COMPANY V LINCOLN GENERAL INSURANCE COMPANY, LEONARD'S EXPRESS, INC., - . |
| Motion No: CA 08-02075 |
| Slip Opinion No: 2009 NYSlipOp 63849(U) |
| Decided on February 13, 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: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02075
| DOLE FOOD COMPANY, INC. AND DOLE FRESH FRUIT COMPANY,
PLAINTIFFS-RESPONDENTS, V LINCOLN GENERAL INSURANCE COMPANY, LEONARD'S EXPRESS, INC., DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANT. |
Appellants 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 July 17, 2008,
Now, upon reading and filing the affirmation of Edward Fogarty, Jr. dated January 15, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Todd C. Bushway sworn to February 5, 2009, 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 appellants perfect the appeal on or before March 16, 2009.
Entered: February 13, 2009
JoAnn M. Wahl, Clerk