| AUGUST J. GILLON V CARL D. TRAINA |
| Motion No: CA 07-02646 |
| Slip Opinion No: 2009 NY Slip Op 74055(U) |
| Decided on June 2, 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 07-02646
| AUGUST J. GILLON, PLAINTIFF-RESPONDENT, V CARL D. TRAINA,
DEFENDANT-APPELLANT. |
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 Seneca on November 9, 2007,
Now, upon reading and filing the affidavit of David Gerald Jay sworn to April 2, 2009, the affidavit of Elizabeth A. Kraengel sworn to April 30, 2009, the affidavit of Carl D. Traina sworn to April 27, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Sarofeen sworn to May 27, 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 July 17, 2009.
Entered: June 2, 2009
Patricia L. Morgan, Clerk