| PATRICIA J. CURTO V PETER P. VASILION, JOHN DOE, JANE DOE AND BERKOWITZ & PACE, |
| Motion No: CA 09-00435 |
| Slip Opinion No: 2009 NY Slip Op 82285(U) |
| Decided on August 31, 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 09-00435
| PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V PETER P. VASILION, JOHN
DOE, JANE DOE AND BERKOWITZ & PACE, ET AL., 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 Erie on May 15, 2008,
Now, upon reading and filing the affidavit of Patricia J. Curto sworn to July 29, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Peter P. Vasilion sworn to August 20, 2009, the reply affidavit of Patricia J. Curto sworn to August 26, 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 September 30, 2009.
Entered: August 31, 2009
Patricia L. Morgan, Clerk