| THOMAS JOHNSON, INC. V THE STATE INSURANCE FUND |
| Motion No: CA 09-00587 |
| Slip Opinion No: 2009 NY Slip Op 71752(U) |
| Decided on May 4, 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 09-00587
| THOMAS JOHNSON, INC., PLAINTIFF-RESPONDENT, V THE STATE
INSURANCE FUND, DEFENDANT-APPELLANT. |
Appellant 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 Niagara on August 26, 2008,
Now, upon reading and filing the affirmation of Miriam Skolnik dated April 22, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Kevin A. Lane sworn to April 30, 2009, the opposing affidavit of Erin E. Storey sworn to April 30, 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 22, 2009.
Entered: May 4, 2009
Patricia L. Morgan, Clerk