PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01581

KEVIN T. STOCKER, PLAINTIFF-RESPONDENT, V 2900 TRANSIT ROAD LLC, DEFENDANT-APPELLANT.

Appellant having moved for an order taking judicial notice of the order of the Supreme Court, Erie County (John M. Curran, J.), entered April 12, 2010 (the April 12 Order), on the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 10, 2010, and

Respondent having cross-moved to dismiss the appeal taken herein from the order of the Supreme Court entered on March 10, 2010, on the grounds that the attorney representing appellant is without authority to represent appellant and that appellant has failed to perfect timely its appeal,

Now, upon reading and filing the affirmations of John C. Garas, Esq. dated October 7, 2010, and October 20, 2010, the affirmation of Kevin T. Stocker, Esq. received October 20, 2010, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is granted on the condition that appellant serves one copy of the April 12 Order on respondent and files ten copies of the April 12 Order with the Court on or before November 19, 2010,and

It is further ORDERED that respondent's cross motion is denied.

Entered: November 9, 2010

Patricia L. Morgan, Clerk