- V CAROLE CANCILLA, - . (Index No. 15279/09)
Motion No: CA 12-00946
Slip Opinion No: 2012 NY Slip Op 75500(U)
Decided on June 6, 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.


June 6, 2012

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

DOCKET NO. CA 12-00946
MLCFC 2006-4 PALMER BUILDINGS, LLC,

PLAINTIFF-RESPONDENT,

V

CAROLE CANCILLA, DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.

(Index No. 15279/09)


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 Monroe on December 16, 2010,

Now, upon reading and filing the affidavit of David H. Ealy, Esq., sworn to May 18, 2012, the notice of motion with proof of service thereof, and the affirmation of Maureen T. Bass, Esq., dated May 31, 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 August 6, 2012.

Entered: June 6, 2012

Frances E. Cafarell, Clerk