| ARTHUR GERBER DOING BUSINESS AS NOOTEN SCALE SERVICE V EMPIRE SCALE DOING BUSINESS AS PRECISION SCALE & BALANCE |
| Motion No: CA 15-00185 |
| Slip Opinion No: 2016 NY Slip Op 61305(U) |
| Decided on January 12, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00185
| ARTHUR GERBER DOING BUSINESS AS NOOTEN SCALE SERVICE,
PLAINTIFF-APPELLANT, V EMPIRE SCALE DOING BUSINESS AS PRECISION SCALE & BALANCE,
DEFENDANT-RESPONDENT. |
Appellant having moved 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 Monroe on April 2, 2014,
Now, upon reading and filing the affidavit of Arthur Gerber sworn to December 22, 2015, the affidavit of Angelo T. Calleri, Esq., sworn to December 30, 2015, the notice of motion with proof of service thereof, and the affirmation of Jeffrey A., Wadsworth, Esq., dated January 7, 2016, 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 March 22, 2016.
Entered: January 12, 2016
Frances E. Cafarell, Clerk