| LORI M. HOOVER AND JESSICA BOWERS V NEW HOLLAND NORTH AMERICA, INC. , ALAMO GROUP (SMC) INC., INDIVIDUALLY AND AS |
| Motion No: CA 08-02376 |
| Slip Opinion No: 2009 NY Slip Op 85336(U) |
| Decided on October 5, 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 08-02376
| LORI M. HOOVER AND JESSICA BOWERS, PLAINTIFFS-RESPONDENTS, V
NEW HOLLAND NORTH AMERICA, INC., ET AL., DEFENDANTS, ALAMO GROUP (SMC) INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO SMC
CORPORATION, AND ALAMO GROUP (USA) INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO SMC CORPORATION,
DEFENDANTS-APPELLANTS. |
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 Niagara on October 21, 2008,
Now, upon reading and filing the affidavit of Thomas J. Drury sworn to September 16, 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 appellants perfect the appeal on or before November 4, 2009.
Entered: October 5, 2009
Patricia L. Morgan, Clerk