| HEATHER MCCARTHY JAMES MCCARTHY AND CHERYL MCCARTHY V ORLEANS COUNTY VILLAGE OF ALBION, RONALD VENDETTI VILLAGE BOARD |
| Motion No: CA 17-01401 |
| Slip Opinion No: 2017 NY Slip Op 83836(U) |
| Decided on August 21, 2017 |
| 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 17-01401
| HEATHER MCCARTHY, ET AL., JAMES MCCARTHY AND CHERYL MCCARTHY,
PLAINTIFFS-APPELLANTS, V ORLEANS COUNTY, VILLAGE OF ALBION, RONALD VENDETTI, VILLAGE BOARD OF TRUSTEES, EDWARD
SALVATORE, GARY KATSANIS, ET AL., DEFENDANTS-RESPONDENTS. |
Appellant having moved, pursuant to CPLR 5520 (a), to cure defect of service of the notice of appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Orleans on October 5, 2016,
Now, upon reading and filing the affidavit of Heather McCarthy sworn to July 20, 2017, the notice of motion with proof of service thereof, and the statement of Brittany A. Jones, Esq., dated August 18, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the notice of appeal is hereby deemed to have been timely served.
Entered: August 21, 2017
Frances E. Cafarell, Clerk