Texido v. Waters of Orchard Park , 755 N.Y.S.2d 348 ( 2002 )

—Motion to vacate dismissal granted on condition that appeal perfected on or before January 3, 2003. 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 v Fricke, 276 App Div 628, 628-629). Present — Hayes, J.P., Wisner, Hurlbutt, Scudder and Lawton, JJ. (Filed Dec. 5, 2002.)