| JOSEPH MATTELIANO AND CHRIS VOGELSANG V JOSEPH J. SKITKZI AND MELISSA NEAL |
| Motion No: CA 10-00063 |
| Slip Opinion No: 2010 NY Slip Op 87705(U) |
| Decided on November 8, 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 CARNI, JJ.
DOCKET NO. CA 10-00063
| JOSEPH MATTELIANO AND CHRIS VOGELSANG,
PLAINTIFFS-RESPONDENTS, V JOSEPH J. SKITKZI AND MELISSA NEAL, DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 5, 2009,
Now, upon reading and filing the affidavits of James I. Myers, Esq. sworn to September 1, 2010, and September 22, 2010, the affidavit of Melissa Neal sworn to August 31, 2010, the notice of motion with proof of service thereof, the affidavit of Joseph J. Manna, Esq. sworn to September 17, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellants perfect the appeal on or before January 7, 2011, and
It is further ORDERED the appeal from the order and judgment entered March 5, 2009, is deemed to be a premature appeal taken from the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 4, 2009, to the extent that it only brings up for review the order and judgment entered March 5, 2009 (see CPLR 5520 [c]).
Entered: November 8, 2010
Patricia L. Morgan, Clerk