| PATRICIA J. CURTO V MARK DIEHL AND MELISSA SCHMIGEL |
| Motion No: NOS. CA 10-02024, CA 10-02025, AND CA 10-02026 |
| Slip Opinion No: 2011 NY Slip Op 67045(U) |
| Decided on March 11, 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 NOS. CA 10-02024, CA 10-02025, AND CA 10-02026
| PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V MARK DIEHL AND
MELISSA SCHMIGEL, DEFENDANTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeals taken herein from orders of the Supreme Court, Erie County, dated December 17, 2009, December 22, 2009, and July 29, 2010, and respondents having cross-moved to dismiss the appeals
Now, upon reading and filing the affidavits of Patricia J. Curto sworn to January 19, 2011, and February 2, 2011, the affidavit of Victor M. Wright, Esq. sworn to January 25, 2011, 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 the motion is granted, on the condition that appellant perfects the appeals on or before May 10, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 11, 2011
Patricia L. Morgan, Clerk