| WILLIAM SHARPSTEEN V CINOLE AND DANIEL J. WIK, DOING BUSINESS AS CINOLE |
| Motion No: CA 10-00944 |
| Slip Opinion No: 2010 NY Slip Op 73816(U) |
| Decided on May 27, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00944
| WILLIAM SHARPSTEEN, PLAINTIFF-RESPONDENT, V CINOLE AND DANIEL
J. WIK, DOING BUSINESS AS CINOLE, DEFENDANTS-RESPONDENTS. |
Appellant having moved to file a late notice of appeal on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 15, 2010,
Now, upon reading and filing the affidavit of Daniel Wik sworn to April 28, 2010, the notice of motion with proof of service thereof, the affirmation of David Stern, Esq. dated May 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the notice of appeal is deemed to be timely filed and served (see CPLR 5520 [a]).
Entered: May 27, 2010
Patricia L. Morgan, Clerk