| SPAULDING LAKE CLUB, INC. V HAIBO JIANG ALSO KNOWN AS JIM YING |
| Motion No: CA 09-02505 |
| Slip Opinion No: 2010 NY Slip Op 65226(U) |
| Decided on March 10, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 09-02505
| SPAULDING LAKE CLUB, INC., PLAINTIFF-RESPONDENT, V HAIBO JIANG
ALSO KNOWN AS JIM YING, DEFENDANT-APPELLANT. |
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 Erie on September 22, 2009,
Now, upon reading and filing the affidavit of Michael J. Willett sworn to February 16, 2010, the notice of motion with proof of service thereof, the affidavit of Haibo Jiang sworn to February 11, 2010, the opposing affidavit of Craig R. Bucki sworn to March 1, 2010, the opposing affidavit of Jay Capozzi sworn to February 24, 2010, the reply affidavit of Michael J. Willett sworn to March 2, 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 May 10, 2010.
Entered: March 10, 2010
Patricia L. Morgan, Clerk