| BERNIE DIPIZIO V DOROTHY DIPIZIO |
| Motion No: CA 10-00368 |
| Slip Opinion No: 2010 NY Slip Op 76437(U) |
| Decided on July 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00368
| BERNIE DIPIZIO, PLAINTIFF-RESPONDENT, V DOROTHY DIPIZIO,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 17, 2009 (Docket No. CA 10-00368) insofar as it brings up for review the Supreme Court order entered December 10, 2008,
Now, upon reading and filing the affirmation of Geffrey Gismondi, Esq. dated June 17, 2010, the notice of motion with proof of service thereof, the affidavit of Patrick C. O'Reilly, Esq. sworn to June 21, 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 2, 2010.
Entered: July 1, 2010
Patricia L. Morgan, Clerk