Opinion
DOCKET NO. CA 18-02011
11-13-2018
PRESENT:
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 Erie on December 1, 2017,
Now, upon reading and filing the affidavit of Richard J. Zielinski, Esq., sworn to October 24, 2018, and the notice of motion with proof of service thereof, 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 1250.10[c]).
Entered: November 13, 2018
Mark W. Bennett, Clerk