| ASD SPECIALTY HEALTHCARE, INC., DOING BUSINESS AS ONCOLOGY SUPPLY COMPANY, DERIVATIVELY ON BEHALF OF SYRACUSE |
| Motion No: CA 10-01145 |
| Slip Opinion No: 2010 NY Slip Op 76425(U) |
| Decided on June 30, 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 10-01145
| ASD SPECIALTY HEALTHCARE, INC., DOING BUSINESS AS ONCOLOGY SUPPLY
COMPANY, DERIVATIVELY ON BEHALF OF SYRACUSE HEMATOLOGY/ONCOLOGY, P.C., PLAINTIFF-RESPONDENT, V J. ROBERT SMITH,
DEFENDANT, BENJAMIN S. HIMPLER AND ANGELIE ROMAN, DEFENDANTS-APPELLANTS. |
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 Onondaga on February 22, 2010,
Now, upon reading and filing the affidavit of Franklin A. Josef, Esq. sworn to June 14, 2010, the notice of motion with proof of service thereof, the affirmation of Eric C. Nordby, Esq. dated June 17, 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 August 30, 2010.
Entered: June 30, 2010
Patricia L. Morgan, Clerk