DRYDEN MUTUAL INSURANCE COMPANY V STANLEY GOESSL AP DAINO & PLUMING, INC., THE MAIN STREET AMERICA GROUP ANDREW SMOLNIK
Motion No: CA 13-00513
Slip Opinion No: 2013 NY Slip Op 75941(U)
Decided on June 4, 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.


June 4, 2013

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

DOCKET NO. CA 13-00513

DRYDEN MUTUAL INSURANCE COMPANY, PLAINTIFF-RESPONDENT,

V

STANLEY GOESSL, DEFENDANT,

AP DAINO & PLUMING, INC., THE MAIN STREET AMERICA GROUP,

DEFENDANTS-APPELLANTS,

ANDREW SMOLNIK AND CATHERINE SMOLNIK, DEFENDANTS.


Appellants 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 Oswego on October 23, 2012,

Now, upon reading and filing the affidavit of William J. Hathaway, Esq., sworn to May 7, 2013, the notice of motion with proof of service thereof, and the affidavit of Brendan J. Reagan, Esq., sworn to May 22, 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 August 5, 2013.

Entered: June 4, 2013

Frances E. Cafarell, Clerk