
    Monica L. Texido, Individually and as Administrator of the Estate of Vincent A. Weiser, Deceased, Appellant, v Waters of Orchard Park et al., Defendants, and Park Associates, Inc., et al., Respondents.
    [755 NYS2d 348]
   —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.)  