ANIKA FLORENCE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DESHA C. SANDERS, DECEASED V HERBERT HOOVER MIDDLE
Motion No: CA 13-00162
Slip Opinion No: 2013 NY Slip Op 66594(U)
Decided on March 6, 2013
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.


March 6, 2013

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

DOCKET NO. CA 13-00162

ANIKA FLORENCE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE

ESTATE OF DESHA C. SANDERS, DECEASED, PLAINTIFF-APPELLANT,

V

HERBERT HOOVER MIDDLE SCHOOL, KENMORE-TOWN OF TONAWANDA

UFSD AND KENMORE-TOWN OF TONAWANDA UFSD BOARD OF EDUCATION,

DEFENDANTS-RESPONDENTS.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 9, 2012,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to February 5, 2013, the notice of motion with proof of service thereof, and the affidavit of Jody E. Briandi, Esq., sworn to February 14, 2013, 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 May 6, 2013.

Entered: March 6, 2013

Frances E. Cafarell, Clerk