| JOEL MURCIN AND MARIA MURCIN, INDIVIDUALLY AND AS HUSBAND AND WIFE V MAC CONTRACTING, LLC. |
| Motion No: CA 12-00542 |
| Slip Opinion No: 2012 NY Slip Op 69935(U) |
| Decided on April 5, 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 12-00542
| JOEL MURCIN AND MARIA MURCIN, INDIVIDUALLY AND AS HUSBAND AND
WIFE, PLAINTIFFS-APPELLANTS, V MAC CONTRACTING, LLC., DEFENDANT-RESPONDENT. |
Plaintiffs having moved to vacate the dismissal of their appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 29, 2011,
Now, upon reading and filing the affidavit of Dennis J. Garvey, Esq., sworn to March 21, 2012, the notice of motion with proof of service thereof, and the affirmation of Michael J. Kanaley, Jr., dated March 29, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that plaintiffs perfect the appeal on or before June 4, 2012.
Entered: April 5, 2012
Frances E. Cafarell, Clerk