Opinion
CA 02-01871
December 5, 2002.
Motion to vacate dismissal granted on condition that appeal perfected on or before January 3, 2003.
PRESENT: HAYES, J.P., WISNER, HURLBUTT, SCUDDER, AND LAWTON, JJ.
Memorandum:
In the absence of any indication that defendants were misled or prejudiced, the notice of appeal is deemed amended to correct the name of appellant ( see Waters of White Lake, Inc. v. Fricke, 276 A.D. 628, 628-629).