| NATIONAL FUEL GAS DISTRIBUTION CORPORATION V ERIE COUNTY WATER AUTHORITY |
| Motion No: CA 12-00084 |
| Slip Opinion No: 2012 NY Slip Op 62319(U) |
| Decided on January 25, 2012 |
| 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 12-00084
| NATIONAL FUEL GAS DISTRIBUTION CORPORATION,
PLAINTIFF-RESPONDENT, V ERIE COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT, |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 23, 2011,
Now, upon reading and filing the affidavit of Thomas W. Bender, Esq., sworn to January 11, 2012, the notice of motion with proof of service thereof, and the affidavit of Laura A. Linneball, Esq., sworn to January 20, 2012, 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 February 24, 2012.
Entered: January 25, 2012
Frances E. Cafarell, Clerk