BONN, DIOGUARDI & RAY, LLP, FORMERLY KNOWN AS BONN, SHORTSLEEVE & RAY, LLP, KENNETH BONN, JR., MICHAEL S. RAY AND
Motion No: CA 12-00150
Slip Opinion No: 2012 NY Slip Op 63686(U)
Decided on February 8, 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.


February 8, 2012

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

DOCKET NO. CA 12-00150

BONN, DIOGUARDI & RAY, LLP, FORMERLY KNOWN

AS BONN, SHORTSLEEVE & RAY, LLP, KENNETH BONN, JR.,

MICHAEL S. RAY AND JOSEPH P. DIOGUARDI, JR.,

PLAINTIFFS-RESPONDENTS,

V

THOMASYORK, LLP, THOMASYORK, LLP DOING

BUSINESS AS TYS, LLP, CHRISTOPHER YORK AND

GLEN A. THOMAS, DEFENDANTS-APPELLANTS.


Appellant TYS, LLP having moved to vacate the dismissal of its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 25, 2011,

Now, upon reading and filing the affidavit of Paul F. Keneally, Esq., sworn to January 20, 2012, the notice of motion with proof of service thereof, and the affirmation of Karen Sanders, Esq., dated February 2, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that appellant TYS, LLP perfects its appeal on or before April 9, 2012.

Entered: February 8, 2012

Frances E. Cafarell, Clerk