| VITRAN EXPRESS, INC. DOING BUSINESS AS PJAX FREIGHT SYSTEM V F & W TRANSPORT SERVICES, INC. |
| Motion No: CA 12-01558 |
| Slip Opinion No: 2012 NY Slip Op 83860(U) |
| Decided on September 10, 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 12-01558
| VITRAN EXPRESS, INC. DOING BUSINESS AS PJAX FREIGHT
SYSTEM, PLAINTIFF-APPELLANT, V F & W TRANSPORT SERVICES, INC.,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 15, 2011, and for other relief,
Now, upon reading and filing the affirmations of Daniel A. Fass, Esq., dated August 17, 2012, and August 27, 2012, the notice of motion with proof of service thereof, and the affirmation of Monte J. Rosenstein, Esq., dated August 23, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before November 9, 2012.
Entered: September 10, 2012
Frances E. Cafarell, Clerk