Opinion
Motion No: CA 14-01868
11-21-2014
ROBERT WEICHERT AND SUSAN M. WEICHERT, PLAINTIFFS-APPELLANTS, v. TUNG T. CHU AND TONY T. CHU, DEFENDANTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants 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 Onondaga on October 31, 2013, and having moved for other relief,
Now, upon reading and filing the affidavit of Robert M. Weichert and Susan M. Weichert sworn to October 16, 2014, the notice of motion with proof of service thereof, and the amended affirmation of Mark T. Whitford, Jr., Esq., dated November 7, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to making a new timely motion to vacate dismissal of the appeal that includes among other things, an affidavit setting forth sufficient facts so that the merits of the contentions can be ascertained (see CPLR 1101 [a]; 1000.14 [a] [2]).
Entered: November 21, 2014
Frances E. Cafarell, Clerk