| HANNA NOWACKI V DEAN E. BECKER |
| Motion No: CA 09-01723 |
| Slip Opinion No: 2009 NY Slip Op 83313(U) |
| Decided on September 16, 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 09-01723
| HANNA NOWACKI, PLAINTIFF-APPELLANT, V DEAN E. BECKER,
DEFENDANT-RESPONDENT. |
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 October 21, 2008,
Now, upon reading and filing the affidavit of Michael W. Rickard sworn to August 20, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Dennis P. Mescall sworn to September 4, 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 October 15, 2009.
Entered: September 16, 2009
Patricia L. Morgan, Clerk