| EDWARD JARZEMBAK V HERTEL PARK ASSOCIATES, A LIMITED PARTNERSHIP, AND STUART ALEXANDER |
| Motion No: CA 06-02186 |
| Slip Opinion No: 2009 NYSlipOp 61531(U) |
| Decided on January 20, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 06-02186
| EDWARD JARZEMBAK, PLAINTIFF-APPELLANT, V HERTEL PARK
ASSOCIATES, A LIMITED PARTNERSHIP, AND STUART ALEXANDER, DEFENDANTS-RESPONDENTS. |
Appellant having renewed the motion 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 June 6, 2006, and respondents having cross-moved for an extension of time to oppose the motion,
Now, upon reading and filing the affidavit of Patrick W. H. Wesp sworn to January 5, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Mark D. Arcara sworn to January 15, 2009, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied as untimely (see 22 NYCRR 1000.13[g]), and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: January 20, 2009
JoAnn M. Wahl, Clerk