| DUANE PRINCE V DEAN STAVALONE |
| Motion No: CA 11-02433 |
| Slip Opinion No: 2012 NY Slip Op 62993(U) |
| Decided on January 30, 2012 |
| 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 11-02433
| DUANE PRINCE, PLAINTIFF-APPELLANT, V DEAN STAVALONE,
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 Monroe on July 29, 2011, and having moved for a stay,
Now, upon reading and filing the affidavit of Emanuel N. Mouganis, Esq., sworn to January 9, 2012, the notice of motion with proof of service thereof, and the affidavit of Charles A. Schiano, Sr., Esq., sworn to January 17, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]), and
It is further ORDERED that the motion insofar as it seeks a stay is dismissed.
Entered: January 30, 2012
Frances E. Cafarell, Clerk