| PLAZA DRIVE GROUP OF CNY, LLC V TOWN OF SENNETT |
| Motion No: CA 13-00405 |
| Slip Opinion No: 2013 NY Slip Op 72560(U) |
| Decided on April 26, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00405
| PLAZA DRIVE GROUP OF CNY, LLC, PLAINTIFF-APPELLANT,
V TOWN OF SENNETT, 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 Cayuga on November 21, 2012,
Now, upon reading and filing the affidavit of Kevin M. Mendillo, Esq., sworn to April 9, 2013, the notice of motion with proof of service thereof, and the affirmation of Riccardo T. Galbato, Esq., dated April 17, 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 June 25, 2013.
Entered: April 26, 2013
Frances E. Cafarell, Clerk