| LIZA A. TURNER, AS ADMINISTRATRIX OF ESTATE OF BRIAN K. TURNER, AND LIZA A. TURNER, INDIVIDUALLY AND AS PARENT AND |
| Motion No: CA 09-00412 |
| Slip Opinion No: 2009 NY Slip Op 74067(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 09-00412
| LIZA A. TURNER, AS ADMINISTRATRIX OF ESTATE OF BRIAN K. TURNER,
AND LIZA A. TURNER, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF COURTNEY TURNER, JONATHAN TURNER, TYLER TURNER AND
ANDREW TURNER, INFANTS UNDER 14 YEARS OF AGE, PLAINTIFF-RESPONDENT-APPELLANT V STEVE M. VULCAN, ET AL., DEFENDANTS,
HEARNS SHOWBOAT, INC., AMERICAN LEGION VERNICE SUTTLE POST NO. 113, JAMES VULCAN, DEFENDANTS-RESPONDENTS, AND BALDWINSVILLE
LODGE NO. 644,LOYAL ORDER OF MOOSE, DEFENDANT-APPELLANT-RESPONDENT. |
Defendant-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 Onondaga on December 1, 2008, and to expedite oral argument of the appeal,
Now, upon reading and filing the affirmation of Lena Holubnyczyj dated May 15, 2009, the notice of motion with proof of service thereof, the opposing affirmation of John J. Marzocchi dated May 22, 2009, the opposing affirmation of Dom Cambareri dated May 28, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that, insofar as it seeks to vacate dismissal of the appeal, the motion is granted on the condition that defendant-appellant perfect its appeal on or before June 26, 2009, and the motion is otherwise dismissed as premature (see 22 NYCRR 1000.10 [d]).
Entered: June 2, 2009
Patricia L. Morgan, Clerk