Opinion
DOCKET NO. CA 15-00536
08-14-2015
ROBERT M. WEICHERT AND SUSAN WEICHERT, PLAINTIFFS-APPELLANTS, v. HONORABLE JAMES RIDGEWAY, HONORABLE AMY M. PASTUF, TOWN OF RICHLAND, ALL OF THE TOWN OF RICHLAND, PULASKI, DEFENDANTS-RESPONDENTS.
PRESENT:
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 Oswego on December 22, 2014,
Now, upon reading and filing the affidavit of Robert M. Weichert sworn to July 20, 2015, the notice of motion with proof of service thereof, and the affidavit of William J. Hathaway, Esq., sworn to August 4, 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: August 14, 2015
Frances E. Cafarell, Clerk