Opinion
DOCKET NO. CA 14-01759
06-04-2015
PAUL RECK, APPELLANT, v. THE BRUNDAGE CORPORATION DOING BUSINESS AS THE COMPANY STORE, RESPONDENT.
PRESENT:
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Ontario County Court entered in the Office of the Clerk of the County of Ontario on December 3, 2013,
Now, upon reading and filing the affidavit of Paul Reck sworn to May 12, 2015, the notice of motion with proof of service thereof, and the affidavit of Matthew J. Fusco, Esq., sworn to May 22, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: June 4, 2015
Frances E. Cafarell, Clerk