| RUSSELL YOUKER AND WILLIAM YOUKER V VILLAGE OF DOLGEVILLE VILLAGE OF DOLGEVILLE POLICE DEPARTMENT AND MICHAEL SWARTZ |
| Motion No: CA 10-02061 |
| Slip Opinion No: 2010 NY Slip Op 87732(U) |
| Decided on November 10, 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 10-02061
| RUSSELL YOUKER AND WILLIAM YOUKER, PLAINTIFFS-RESPONDENTS,
V VILLAGE OF DOLGEVILLE, VILLAGE OF DOLGEVILLE POLICE DEPARTMENT AND MICHAEL SWARTZ, DEFENDANTS, FRANK BEAULIEU,
DEFENDANT-APPELLANT. VILLAGE OF DOLGEVILLE, PLAINTIFF, V NEW YORK MUNICIPAL INSURANCE RECIPROCAL,
DEFENDANT. |
Appellant having moved, pursuant to CPLR 5520 (c), for an order correcting certain errors in the notice of appeal on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on August 26, 2010,
Now, upon reading and filing the affirmation of Jill E. O'Sullivan, Esq. dated October 5, 2010, the notice of motion with proof of service thereof, and the statement of Bart M. Carrig, Esq. dated October 18, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is deemed to have been validly taken to this Court from an order of the Supreme Court dated August 17, 2010, and entered on August 26, 2010.
Entered: November 10, 2010
Patricia L. Morgan, Clerk