| CHRISTOPHER CANESTARO AND SUSAN YENSAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED V RAYMOUR AND |
| Motion No: CA 14-01396 |
| Slip Opinion No: 2014 NY Slip Op 84495(U) |
| Decided on September 18, 2014 |
| 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 14-01396
| CHRISTOPHER CANESTARO AND SUSAN YENSAN, INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, V RAYMOUR AND FLANIGAN FURNITURE
COMPANY AND RAYMOURS FURNITURE COMPANY, INC., DEFENDANTS-RESPONDENTS. |
Appellants 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 April 4, 2014,
Now, upon reading and filing the affidavit of Kevin T. O'Brien, Esq., sworn to August 27, 2014, the notice of motion with proof of service thereof, and the affidavit of Stephen A. Sharkey, Esq., sworn to September 4, 2014, 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 November 17, 2014.
Entered: September 18, 2014
Frances E. Cafarell, Clerk