| JEFFREY CIANCHETTI, DC V PHYLLIS BURGIO, DC |
| Motion No: CA 11-00461 |
| Slip Opinion No: 2011 NY Slip Op 68495(U) |
| Decided on March 25, 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 11-00461
| JEFFREY CIANCHETTI, DC, PLAINTIFF-RESPONDENT, V PHYLLIS BURGIO,
DC, DEFENDANT-APPELLANT. |
Defendant having moved to vacate dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 5, 2010,
Now, upon reading and filing the affidavit of James C. Roscetti, Esq. sworn to February 24, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that dismissal of defendant's appeal is vacated, on the condition that defendant perfects the appeal on or before May 24, 2011.
Entered: March 25, 2011
Patricia L. Morgan, Clerk