| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK, DECEASED V ANTONIO HARRIS |
| Motion No: CA 09-02578 |
| Slip Opinion No: 2010 NY Slip Op 88181(U) |
| Decided on November 15, 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 09-02578
| ALBERT ORGANEK AS ADMINISTRATOR OF THE ESTATE OF MICHAEL ORGANEK,
DECEASED, PLAINTIFF-RESPONDENT, V ANTONIO HARRIS, DEFENDANT-APPELLANT. |
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 Erie on May 29, 2009,
Now, upon reading and filing the affidavits of Antonio Harris sworn to October 11, 2010, and November 1, 2010, the notice of motion with proof of service thereof, and the affidavit of Justin S. White, Esq. sworn to October 23, 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 a new motion including an affidavit setting forth sufficient facts to demonstrate a meritorious appeal on or before December 15, 2010 (see 22 NYCRR 1000.13 [g]).
Entered: November 15, 2010
Patricia L. Morgan, Clerk