| JAMES W. JONES V COUNTY OF ERIE, AMERICAN SITE DEVELOPERS LLC, MALCOLM PIRNIE, INC. AND RHONDA HARTLEY CONSTRUCTION AND |
| Motion No: CA 13-01845 |
| Slip Opinion No: 2013 NY Slip Op 94674(U) |
| Decided on December 13, 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 13-01845
| JAMES W. JONES, PLAINTIFF-APPELLANT, V COUNTY OF
ERIE, AMERICAN SITE DEVELOPERS LLC, MALCOLM PIRNIE, INC., DEFENDANTS-RESPONDENTS, AND RHONDA HARTLEY CONSTRUCTION
AND RAY ENVIRONMENTAL SERVICES, LLC, DEFENDANT. |
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 July 15, 2013,
Now, upon reading and filing the affirmation of Richard A. Nicotra, Esq., dated November 14, 2013, and the notice of motion with proof of service thereof, 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 February 11, 2014.
Entered: December 13, 2013
Frances E. Cafarell, Clerk