Opinion
Motion No: CA 14-02123
12-30-2014
IN THE MATTER OF THOMAS WILLIAMS, PETITIONER-APPELLANT, v. GLENN GOORD, RESPONDENT-RESPONDENT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 3, 2002, and having moved for permission to proceed on the appeal as a poor person,
Now, upon reading and filing the affidavits of Thomas Williams sworn to May 28, 2014, and June 17, 2014, and the statements of Thomas Williams dated November 6, 2014, November 26, 2014, and December 10, 2014, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated December 5, 2014, 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, and the motion is otherwise dismissed.
Memorandum: Appellant's motion insofar as it seeks to vacate dismissal of the appeal is untimely (see 22 NYCRR 1000.13 [g]).
Entered: December 30, 2014
Frances E. Cafarell, Clerk