| DAVID HOME BUILDERS, INC. V TARA A. MISIAK AND DR. MATTHEW M. MISIAK |
| Motion No: CA 10-02017 |
| Slip Opinion No: 2011 NY Slip Op 71886(U) |
| Decided on May 4, 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 10-02017
| DAVID HOME BUILDERS, INC., PLAINTIFF-RESPONDENT, V TARA A.
MISIAK AND DR. MATTHEW M. MISIAK, DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 11, 2010,
Now, upon reading and filing the affidavit of Jeanne M. Vinal, Esq. sworn to April 12, 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, on the condition that appellants perfect the appeal on or before July 5, 2011.
Entered: May 4, 2011
Patricia L. Morgan, Clerk