| KATHLEEN A. SARGENT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ERIC J. ENGASSER, DECEASED V DONALD MAMMOSER |
| Motion No: CA 13-00042 |
| Slip Opinion No: 2013 NY Slip Op 78706(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 13-00042
| KATHLEEN A. SARGENT, INDIVIDUALLY AND AS ADMINISTRATRIX
OF THE ESTATE OF ERIC J. ENGASSER, DECEASED, PLAINTIFF-APPELLANT, V DONALD MAMMOSER,
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 Erie on August 30, 2012,
Now, upon reading and filing the affirmations of Debra A. Norton, Esq., dated May 31, 2013, and June 20, 2013, the notice of motion with proof of service thereof, and the affidavit of Keith N. Bond, Esq., sworn to June 12, 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