| BOY SCOUTS OF AMERICA, V CAYUGA COUNTY COUNCIL NO. 366, BOY SCOUTS OF AMERICA, CAYUGA YOUTH TRUST, MICHAEL FERRO |
| Motion No: CA 10-00102 |
| Slip Opinion No: 2010 NY Slip Op 91714(U) |
| Decided on December 20, 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 10-00102
| BOY SCOUTS OF AMERICA, PLAINTIFF-RESPONDENT-APPELLANT, V
CAYUGA COUNTY COUNCIL NO. 366, BOY SCOUTS OF AMERICA, CAYUGA YOUTH TRUST, MICHAEL FERRO, WALTER LOWE, CHARLES BOULEY, JR., AND
DONALD GRILLO, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Plaintiff having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on December 29, 2009,
Now, upon reading and filing the affirmations of S. Paul Battaglia, Esq. dated November 10, 2010, and November 23, 2010, the notice of motion with proof of service thereof, the affirmation of Michael A. Oropallo, Esq, dated November 22, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and plaintiff's cross appeal is deemed to have been timely perfected, and
It is further ORDERED that defendants' respondents' brief(s) in response to the cross appeal shall be filed and served on or before January 19, 2011, and
It is further ORDERED that plaintiff's reply brief, if any, in support of its cross appeal shall be filed and served on or before February 3, 2011.
Entered: December 20, 2010
Patricia L. Morgan, Clerk