| DAVID J. SMITH V NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC., AND EUGENE B. JENKINS |
| Motion No: CA 09-01804 |
| Slip Opinion No: 2010 NY Slip Op 63057(U) |
| Decided on February 8, 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 09-01804
| DAVID J. SMITH, PLAINTIFF-RESPONDENT, V NIAGARA FRONTIER
TRANSIT METRO SYSTEM, INC., AND EUGENE B. JENKINS, DEFENDANTS-APPELLANTS. |
Respondent-appellant having moved to vacate the dismissal of a cross appeal and for an extension of time to perfect the cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2008,
Now, upon reading and filing the affirmation of Eugene C. Tenney sworn to January 25, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Thomas J. Speyer dated February 4, 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 shall perfect the cross appeal on or before March 10, 2010, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: February 8, 2010
Patricia L. Morgan, Clerk