| KENNETH POKORSKI, CHRISTINE E. DODDS, DAVID DALE AND CATHERINE E. DODDS BY HER PARENT/GUARDIAN CHRISTINE E. DODDS V |
| Motion No: CA 09-00826 |
| Slip Opinion No: 2009 NY Slip Op 82295(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 09-00826
| KENNETH POKORSKI, CHRISTINE E. DODDS, DAVID DALE AND CATHERINE E.
DODDS BY HER PARENT/GUARDIAN CHRISTINE E. DODDS, PLAINTIFFS-APPELLANTS, V GANNETT CO., INC., WGRZ TV, MARIA SISTI, RICH
KELLMAN, ELLEN CROOK, LYNN DIXON, AND ROBYN YOUNG, DEFENDANTS-RESPONDENTS. (APPEAL NO.
1.) |
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 April 24, 2008,
Now, upon reading and filing the affidavit of Michael W. Rickard, II sworn to August 5, 2009, the affidavit of David Dale sworn to August 5, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Leslie Paul Machado sworn to August 21, 2009, the reply affidavit of Michael W. Rickard, II sworn to August 25, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before September 21, 2009 (see 22 NYCRR 1000.13 [g]).
Entered: August 31, 2009
Patricia L. Morgan, Clerk