| JOSEPH MILES V GREAT LAKES CHEESE OF NEW YORK, INC. AND MURNANE BUILDING CONTRACTORS, INC. |
| Motion No: CA 12-00460 |
| Slip Opinion No: 2012 NY Slip Op 70619(U) |
| Decided on April 12, 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 12-00460
| JOSEPH MILES, PLAINTIFF-APPELLANT, V GREAT LAKES CHEESE OF NEW
YORK, INC. AND MURNANE BUILDING CONTRACTORS, INC., DEFENDANTS-RESPONDENTS. |
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 Onondaga on December 15, 2011 (denominated a motion to reargue),
Now, upon reading and filing the affidavits of Michael G. Bersani, Esq., sworn to March 23, 2012, and April 4, 2012, the notice of motion with proof of service thereof, and the affidavit of Daniel P. Fletcher, Esq., sworn to April 2, 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]).
Entered: April 12, 2012
Frances E. Cafarell, Clerk