| GAETANO J. POLIZZI, DDS, D/B/A ALLBRITE DENTAL, PLLC V ANTHONY J. IPPOLITO, MS, DDS |
| Motion No: CA 10-00227 |
| Slip Opinion No: 2010 NY Slip Op 73844(U) |
| Decided on June 1, 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, PERADOTTO, SCONIERS, AND PINE, JJ.
DOCKET NO. CA 10-00227
| GAETANO J. POLIZZI, DDS, D/B/A ALLBRITE DENTAL, PLLC,
PLAINTIFF-RESPONDENT, V ANTHONY J. IPPOLITO, MS, DDS, DEFENDANT-APPELLANT. |
Respondent having moved to vacate the parties' Stipulation Pursuant to CPLR 5532 and to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 6, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Flaherty, Esq. sworn to April 15, 2010, the notice of motion with proof of service thereof, the affirmation of John J. Keenan, Esq. dated April 23, 2010, the affidavit of Eileen Ulrich sworn to April 23, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 1, 2010
Patricia L. Morgan, Clerk