| THE ESTATE OF RAY C. JOHNSON (DECEASED) V M. ANN CIARPELLI, AS ONONDAGA COUNTY CLERK AND ROBERT YAGER |
| Motion No: CA 09-01757 |
| Slip Opinion No: 2009 NY Slip Op 85313(U) |
| Decided on October 1, 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 09-01757
| THE ESTATE OF RAY C. JOHNSON (DECEASED), PETITIONER-APPELLANT,
V M. ANN CIARPELLI, AS ONONDAGA COUNTY CLERK AND ROBERT YAGER, RESPONDENTS-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 Onondaga on November 25, 2008,
Now, upon reading and filing the affidavit of Dirk C. Oudemool sworn to September 9, 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 October 30, 2009.
Entered: October 1, 2009
Patricia L. Morgan, Clerk