| DIANE SMITH V NIAGARA FALLS HOUSING AUTHORITY |
| Motion No: CA 09-02179 |
| Slip Opinion No: 2010 NY Slip Op 79973(U) |
| Decided on August 2, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02179
| DIANE SMITH, PLAINTIFF-APPELLANT, V NIAGARA FALLS HOUSING
AUTHORITY, DEFENDANT-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 Niagara on September 23, 2009,
Now, upon reading and filing the affidavit of Diane Smith sworn to July 13, 2010, the notice of motion with proof of service thereof, the affidavit of Michael J. Garvey, Esq. sworn to July 28, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon filing and serving, on or before September 1, 2010, a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: August 2, 2010
Patricia L. Morgan, Clerk