| THOMAS SIMMONS AND SIMM CORP., V WASHING EQUIPMENT TECHNOLOGIES, . |
| Motion No: CA 09-02424 |
| Slip Opinion No: 2010 NY Slip Op 62661(U) |
| Decided on February 2, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02424
| THOMAS SIMMONS AND SIMM CORP.,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V WASHING EQUIPMENT TECHNOLOGIES, DEFENDANT-APPELLANT-RESPONDENT, ET AL.,
DEFENDANT. |
Respondent-appellant having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 3, 2009,
Now, upon reading and filing the affidavit of Richard Regan sworn to January 4, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Jeffrey J. Harradine dated January 21, 2010, 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 respondent-appellant perfect the appeal on or before February 22, 2010.
Entered: February 2, 2010
Patricia L. Morgan, Clerk