IN THE MATTER OF MARGARET VAN TOL, INDIVIDUALLY AND DOING BUSINESS AS CVT PROPERTIES V CITY OF BUFFALO, CITY OF BUFFALO
Motion No: CA 12-01788
Slip Opinion No: 2012 NY Slip Op 87774(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.


October 18, 2012

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

DOCKET NO. CA 12-01788

IN THE MATTER OF MARGARET VAN TOL, INDIVIDUALLY

AND DOING BUSINESS AS CVT PROPERTIES,

PETITIONER-APPELLANT,

V

CITY OF BUFFALO,

CITY OF BUFFALO FIRE DEPARTMENT,

GARNELL W. WHITFIELD, JR.,

CITY OF BUFFALO FIRE INVESTIGATION UNIT,

RESPONDENTS-RESPONDENTS.


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 Erie on November 14, 2011,

Now, upon reading and filing the affirmation of Gerard A. Strauss, Esq., dated September 21, 2012, and the notice of motion with proof of service thereof, 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