| MATTER OF MIGUEL HARVEY V JOHN BURGE |
| Motion No: CA 06-01210 |
| Slip Opinion No: 2009 NYSlipOp 62262(U) |
| Decided on January 28, 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 06-01210
| MATTER OF MIGUEL HARVEY, PETITIONER-APPELLANT, V JOHN BURGE,
RESPONDENT-RESPONDENT. |
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 Cayuga on April 11, 2006, and for other relief,
Now, upon reading and filing the affidavits of Miguel Harvey sworn to January 13, 2009, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, denied as untimely (see 22 NYCRR 1000.13 [g]).
Entered: January 28, 2009
JoAnn M. Wahl, Clerk