| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK, DECEASED V ANTONIO HARRIS |
| Motion No: CA 09-02578 |
| Slip Opinion No: 2011 NY Slip Op 60280(U) |
| Decided on January 5, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02578
| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK,
DECEASED, PLAINTIFF-RESPONDENT, V ANTONIO HARRIS, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 29, 2009,
Now, upon reading and filing the affidavits of Antonio Harris sworn to November 23, 2010, and December 20, 2010, the notice of motion with proof of service thereof, the affidavit of Justin S. White, Esq. sworn to December 13, 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 February 4, 2011.
Entered: January 5, 2011
Patricia L. Morgan, Clerk