| JAMES D. PECK, /- V TOWN BOARD OF TOWN OF AMHERST, CSEA, LOCAL 1000 AFSCME AFL-CIO INCLUDING TOWN OF AMHERST UNIT OF |
| Motion No: CA 11-01231 |
| Slip Opinion No: 2011 NY Slip Op 81980(U) |
| Decided on August 24, 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 11-01231
| JAMES D. PECK, PLAINTIFF/PETITIONER-APPELLANT, V TOWN BOARD OF
TOWN OF AMHERST, CSEA, LOCAL 1000 AFSCME AFL-CIO INCLUDING TOWN OF AMHERST UNIT OF ERIE COUNTY LOCAL 815,
DEFENDANTS/RESPONDENTS-RESPONDENTS. |
Appellant 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 affirmations of Gerard A. Strauss, Esq., dated August 2, 2011, and August 18, 2011, the notice of motion with proof of service thereof, and the affidavit of Patrick M. Kelly, Esq., sworn to August 12, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfect the appeal on or before October 24, 2011.
Entered: August 24, 2011
Patricia L. Morgan, Clerk