MICHAEL SINGH SANDU V KULWINDER SINGH SANDU
Motion No: CA 11-01518
Slip Opinion No: 2011 NY Slip Op 84399(U)
Decided on September 19, 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.


September 19, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01518

MICHAEL SINGH SANDU, PLAINTIFF-RESPONDENT,

V

KULWINDER SINGH SANDU, DEFENDANT-APPELLANT.


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 October 14, 2010,

Now, upon reading and filing the affirmation of Jason L. Schmidt, Esq., dated August 31, 2011, the affirmation of Robert Brucato, Esq., dated August 31, 2011, the notice of motion with proof of service thereof, and the affirmation of Michael Paskowitz, Esq., dated September 8, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before November 18, 2011.

Entered: September 19, 2011

Patricia L. Morgan, Clerk