Opinion
Motion No: CA 11-01680
10-26-2011
WILLIAM BROWN, PLAINTIFF-APPELLANT, v. ALICIA BURRIS, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on November 9, 2009,
Now, upon reading and filing the affidavit of Richard G. Berger, Esq., sworn to August 16, 2011, the notice of motion with proof of service thereof, and the affidavit of Angelo S. Gambino, Esq., sworn to September 8, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that appellant has failed to demonstrate a reasonable excuse for the delay.
Patricia L. Morgan, Clerk