| ALMA D. PAYNE AND LOUIS B. PAYNE, JR., INDIVIDUALLY AND AS WIFE AND HUSBAND V R-D MAINTENANCE UNLIMITED, INC. , JOSEPH |
| Motion No: CA 09-02103 |
| Slip Opinion No: 2010 NY Slip Op 65219(U) |
| Decided on March 9, 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 09-02103
| ALMA D. PAYNE AND LOUIS B. PAYNE, JR., INDIVIDUALLY AND AS WIFE AND
HUSBAND, PLAINTIFFS-APPELLANTS, V R-D MAINTENANCE UNLIMITED, INC., ET AL., DEFENDANTS, JOSEPH E. SMITH DOING BUSINESS
AS JES ENTERPRISES, DEFENDANT-RESPONDENT. |
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 July 24, 2009,
Now, upon reading and filing the affirmation of Gregory V. Pajak dated February 11, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Pierre A. Vincent dated February 25, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfect the appeal on or before April 8, 2010.
Entered: March 9, 2010
Patricia L. Morgan, Clerk