| STEVEN LASHIER V MICHAEL S. SCHNEIDER |
| Motion No: CA 07-01075 |
| Slip Opinion No: 2009 NYSlipOp 67001(U) |
| Decided on March 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 07-01075
| STEVEN LASHIER, PLAINTIFF-RESPONDENT, V MICHAEL S. SCHNEIDER,
DEFENDANT-APPELLANT. |
Appellant having renewed the motion to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Orleans on April 10, 2007,
Now, upon reading and filing the affidavit of Michael Schneider sworn to February 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Steven M. Witkowicz sworn to February 26, 2009, the reply affidavit of Michael Schneider sworn to March 3, 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 appellant perfect the appeal on or before May 11, 2009.
Entered: March 13, 2009
JoAnn M. Wahl, Clerk