| SUE SYREK V DOLLAR GENERAL CORP. KENNETH J. DAILY, DOING BUSINESS AS ALEXANDRIA BIG M AND SOUTH SHORE, LLC |
| Motion No: CA 10-02356 |
| Slip Opinion No: 2011 NY Slip Op 62991(U) |
| Decided on January 28, 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 10-02356
| SUE SYREK, PLAINTIFF-RESPONDENT, V DOLLAR GENERAL CORP.,
DEFENDANT-APPELLANT, KENNETH J. DAILY, DOING BUSINESS AS ALEXANDRIA BIG M, DEFENDANT-RESPONDENT, AND SOUTH SHORE, LLC,
DEFENDANT. |
Appellant having moved for an order deeming the appeal from the order entered February 16, 2010, to be a valid appeal from the amended order of Supreme Court entered in the Office of the Clerk of the County of Jefferson on March 24, 2010, and for an extension of time to perfect the appeal taken herein,
Now, upon reading and filing the affirmations of Sarah P. Rera, Esq. dated November 29, 2010, and December 9, 2010, the notice of motion with proof of service thereof, the affidavit of Richard F. Hunter, Esq. sworn to December 3, 2010, and the affirmation of Paul Stylianou, Esq. dated December 6, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal from the February 16, 2010, order is deemed a valid appeal from the amended order entered March 24, 2010 (see CPLR 5520 [c]), and
It is further ORDERED that appellant shall perfect the appeal on or before March 29, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 28, 2011
Patricia L. Morgan, Clerk