| DENNIS KESSINGER V JEREMY SHARPE AND COURTENAY SHARPE |
| Motion No: CA 09-00851 |
| Slip Opinion No: 2009 NY Slip Op 79389(U) |
| Decided on July 27, 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 09-00851
| DENNIS KESSINGER, PLAINTIFF-APPELLANT, V JEREMY SHARPE AND
COURTENAY SHARPE, DEFENDANTS-RESPONDENTS. |
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 July 14, 2008,
Now, upon reading and filing the affidavit of Daniel P. Tiede sworn to April 28, 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 August 27, 2009.
Entered: July 27, 2009
Patricia L. Morgan, Clerk