| STEVEN LASHIER V MICHAEL S. SCHNEIDER |
| Motion No: CA 07-01075 |
| Slip Opinion No: 2009 NY Slip Op 78767(U) |
| Decided on July 15, 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 07-01075
| STEVEN LASHIER, PLAINTIFF-RESPONDENT, V MICHAEL S. SCHNEIDER,
DEFENDANT-APPELLANT. |
Appellant having renewed the motion to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Orleans on April 10, 2007,
Now, upon reading and filing the affidavit of Michael Schneider sworn to June 5, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Steven M. Witkowicz sworn to July 2, 2009, 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]).
Entered: July 15, 2009
Patricia L. Morgan, Clerk