| MARGARET ANN SAWICKI, AS VOLUNTARY ADMINISTRATOR OF JOHN JUZDOWSKI, DECEASED V TIMOTHY SPAICH |
| Motion No: CA 09-00843 |
| Slip Opinion No: 2009 NY Slip Op 72936(U) |
| Decided on May 20, 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 09-00843
| MARGARET ANN SAWICKI, AS VOLUNTARY ADMINISTRATOR OF JOHN
JUZDOWSKI, DECEASED, PLAINTIFF-APPELLANT, V TIMOTHY SPAICH, DEFENDANT-RESPONDENT. |
Appellant having moved 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 Erie on June 20, 2008,
Now, upon reading and filing the affidavit of Michael W. Rickard sworn to May 5, 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 appellant perfect the appeal on or before June 17, 2009.
Entered: May 20, 2009
Patricia L. Morgan, Clerk