| GARY STEIGER V LPCIMINELLI, INC. AND ORCHARD PARK CCRC |
| Motion No: CA 12-01229 |
| Slip Opinion No: 2012 NY Slip Op 83366(U) |
| Decided on September 4, 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 12-01229
| GARY STEIGER, PLAINTIFF-RESPONDENT, V LPCIMINELLI,
INC. AND ORCHARD PARK CCRC, DEFENDANTS-APPELLANTS. |
Appellants having moved for an order curing a defect in the caption of the notice of appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 16, 2012, and deeming the notice of appeal to be valid with respect to defendants, and having moved for other relief,
Now, upon reading and filing the affirmation of Patrick J. Hines, Esq., dated August 6, 2012, the notice of motion with proof of service thereof, and the statement of R. Colin Campbell, Esq., dated August 14, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the caption of the notice of appeal is deemed to read LPCiminelli, Inc." instead of LPCiminelli Construction Corp." and the notice of appeal is deemed to be valid with respect to defendants (see CPLR 5520 [c]).
Entered: September 4, 2012
Frances E. Cafarell, Clerk