| DALE RIGBY V THE BRISKY FAMILY LIMITED PARTNERSHIP AND BRISKY SUPPLY CO., INC. |
| Motion No: CA 08-02685 |
| Slip Opinion No: 2009 NYSlipOp 63855(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 08-02685
| DALE RIGBY, PLAINTIFF-RESPONDENT, V THE BRISKY FAMILY LIMITED
PARTNERSHIP AND BRISKY SUPPLY CO., INC., DEFENDANTS-APPELLANTS. |
Plaintiff having moved to vacate the dismissal of his cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on March 21, 2008,
Now, upon reading and filing the affirmation of David D. Spoto dated February 4, 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, and the cross appeal is hereby accepted for filing, and
It is further ORDERED that reply briefs shall be filed and served on or before March 2, 2009.
Entered: February 13, 2009
JoAnn M. Wahl, Clerk