HARPAL SODHI AND GUNWANT SODHI V DOLLAR TREE STORES, INC. , TOPS MARKETS, LLC (APPEAL NO. 2.)
Motion No: CA 17-00416
Slip Opinion No: 2017 NY Slip Op 88182(U)
Decided on October 2, 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.


October 2, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 17-00416

HARPAL SODHI AND GUNWANT SODHI, PLAINTIFFS-RESPONDENTS,

V

DOLLAR TREE STORES, INC., ET AL., DEFENDANTS,

TOPS MARKETS, LLC, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


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 Niagara on November 14, 2016,

Now, upon reading and filing the affidavit of Dennis P. Hamilton, Esq., sworn to September 15, 2017, 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 November 16, 2017.

Entered: October 2, 2017

Mark W. Bennett, Clerk