| IN THE MATTER OF WILLIAM J. THYGESEN V NORTH BAILEY VOLUNTEER FIRE COMPANY, INC. AND WARREN HOMES, PRESIDENT, NORTH |
| Motion No: TP 11-00775 |
| Slip Opinion No: 2012 NY Slip Op 63694(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 11-00775
| IN THE MATTER OF WILLIAM J. THYGESEN, PETITIONER, V NORTH
BAILEY VOLUNTEER FIRE COMPANY, INC. AND WARREN HOMES, PRESIDENT, NORTH BAILEY VOLUNTEER FIRE COMPANY, INC.,
RESPONDENTS. |
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 10, 2011,
Now, upon reading and filing the affirmation of Steven Bachmann Dietz, Esq., dated January 17, 2012, the notice of motion with proof of service thereof, and the affidavit of Elizabeth A. Cordello, Esq., sworn to February 3, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that petitioner files his brief on or before April 9, 2012.
Entered: February 8, 2012
Frances E. Cafarell, Clerk