| IRIC BURTON V DR. ANDREW C. MATTELIANO, NIAGARA FRONTIER TRANSPORTATION AUTHORITY, AND DONALD J. JACOB, M.D. |
| Motion No: CA 10-00928 |
| Slip Opinion No: 2010 NY Slip Op 78888(U) |
| Decided on July 29, 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 10-00928
| IRIC BURTON, PLAINTIFF-APPELLANT, V DR. ANDREW C. MATTELIANO,
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, AND DONALD J. JACOB, M.D., DEFENDANTS-RESPONDENTS. |
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 July 9, 2009,
Now, upon reading and filing the affirmations of John D. Wieser, Esq. dated July 10, 2010 and July 23, 2010, the notice of motion with proof of service thereof, the affidavit of Wayne R. Gradl, Esq. sworn to July 14, 2010, the affidavit of Frank C. Callocchia, Esq. sworn to July 16, 2010, the affidavit of Elizabeth G. Adymy, Esq. sworn to July 19, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that appellant perfects the appeal on or before September 27, 2010.
Entered: July 29, 2010
Patricia L. Morgan, Clerk