DR. JOHN CHONG-HWAN WEE V NATIONAL GRID, JOHN J. WEISBECK,
Motion No: NOS. CA 11-01434, CA 11-01435 AND CA 11-02326
Slip Opinion No: 2012 NY Slip Op 74714(U)
Decided on May 24, 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.


May 24, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.

DOCKET NOS. CA 11-01434, CA 11-01435 AND CA 11-02326

DR. JOHN CHONG-HWAN WEE, PLAINTIFF-APPELLANT,

V

NATIONAL GRID, JOHN J. WEISBECK, ET AL.,

DEFENDANTS-RESPONDENTS.


Appellant having moved to vacate dismissal of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Genesee on March 18, 2011 (appeal No. 1), March 25, 2011 (appeal No. 2), and September 16, 2011 (appeal No.3), and to extend the time to perfect appeal Nos. 1 and 2, and having moved for other relief,

Now, upon reading and filing the affidavit of John Chong-Hwan Wee sworn to April 5, 2012, the notice of motion with proof of service thereof, and the affirmation of Jennifer N. Castaldo, Esq., dated April 11, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal Nos. 1 and 2 is denied, and

It is further ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 3 is dismissed as premature, and

It is further ORDERED that the motion is otherwise denied.

Entered: May 24, 2012

Frances E. Cafarell, Clerk