| LINDA J. CASH, AS ADMINISTRATRIX OF THE ESTATE OF PENNY C. RIETHMILLER, DECEASED V CHARLES R. HILL THOMAS P. CASH, AS |
| Motion No: CA 12-02010 |
| Slip Opinion No: 2013 NY Slip Op 78688(U) |
| Decided on July 2, 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 12-02010
| LINDA J. CASH, AS ADMINISTRATRIX OF THE ESTATE OF PENNY C.
RIETHMILLER, DECEASED, PLAINTIFF-RESPONDENT, V CHARLES R. HILL, DEFENDANT-APPELLANT, THOMAS P. CASH, AS
CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATORS OF THE
ESTATE OF BRETT W. RIETHMILLER, DECEASED, AND THOMAS P. CASH AND CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATOR OF THE
ESTATE OF BRETT W. RIETHMILLER, DECEASED, DOING BUSINESS AS ELM STREET AUTOMOTIVE,
DEFENDANTS. |
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 Cattaraugus on April 5, 2012,
Now, upon reading and filing the affirmation of Brent C. Seymour, Esq., dated June 14, 2013, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to June 21, 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 September 3, 2013.
Entered: July 2, 2013
Frances E. Cafarell, Clerk