| PHILLIP DEL NERO V MARK COLVIN |
| Motion No: CA 12-01639 |
| Slip Opinion No: 2012 NY Slip Op 87769(U) |
| Decided on October 18, 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 12-01639
| PHILLIP DEL NERO, PLAINTIFF-APPELLANT, V MARK
COLVIN, DEFENDANT-RESPONDENT. |
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 Onondaga on June 21, 2012,
Now, upon reading and filing the affidavit of James L. Sonneborn, Esq., sworn to September 27, 2012, the notice of motion with proof of service thereof, and the affidavit of Kevin R. Van Duser, Esq., sworn to October 5, 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 December 17, 2012.
Entered: October 18, 2012
Frances E. Cafarell, Clerk