| WILLIAM BROWN V ALICIA BURRIS |
| Motion No: CA 11-01680 |
| Slip Opinion No: 2011 NY Slip Op 88098(U) |
| Decided on October 26, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01680
| WILLIAM BROWN, PLAINTIFF-APPELLANT, V ALICIA BURRIS,
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 November 9, 2009,
Now, upon reading and filing the affidavit of Richard G. Berger, Esq., sworn to August 16, 2011, the notice of motion with proof of service thereof, and the affidavit of Angelo S. Gambino, Esq., sworn to September 8, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that appellant has failed to demonstrate a reasonable excuse for the delay.
Entered: October 26, 2011
Patricia L. Morgan, Clerk