| SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R. CORSIVO, DECEASED V M & S HOTELS, LLC, MOHAN SARAN DEC |
| Motion No: CA 09-00986 |
| Slip Opinion No: 2009 NY Slip Op 78754(U) |
| Decided on July 15, 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 09-00986
| SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R. CORSIVO,
DECEASED, PLAINTIFF-RESPONDENT, V M & S HOTELS, LLC, MOHAN SARAN, DEFENDANTS-APPELLANTS, DEC MANAGEMENT, INC., MICHAEL
THOMAS, DEFENDANTS-RESPONDENTS, ET AL. DEFENDANTS. THOMAS W. SZCZERBACKI, PLAINTIFF-RESPONDENT, V M & S HOTELS, LLC,
HARINDER MOHAN AND MANJITS SARAN PARTNERSHIP, DEFENDANTS-APPELLANTS, DEC MANAGEMENT, INC., MICHAEL THOMAS,
DEFENDANTS-RESPONDENTS, ET AL. DEFENDANTS. |
Appellants 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 Erie on January 16, 2009,
Now, upon reading and filing the affidavit of Jennifer S. Adams sworn to June 18, 2009, the notice of motion with proof of service thereof, the opposing affidavits of Troy S. Flascher sworn to June 29, 2009 and July 2, 2009, the opposing affirmation of Patricia A. Lynn-Ford dated July 1, 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 appellants perfect the appeal on or before September 11, 2009.
Entered: July 15, 2009
Patricia L. Morgan, Clerk