| ANTHONY SAMUEL TOTA V WCA GROUP, INC. AND JOHN MICHAEL KERNS |
| Motion No: CA 10-02173 |
| Slip Opinion No: 2012 NY Slip Op 91028(U) |
| Decided on November 16, 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 10-02173
| ANTHONY SAMUEL TOTA, PLAINTIFF-APPELLANT, V WCA
GROUP, INC., DEFENDANT-RESPONDENT, AND JOHN MICHAEL KERNS, DEFENDANT. |
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 Chautauqua on July 27, 2010,
Now, upon reading and filing the affidavits of Anthony Samuel Tota sworn to September 13, 2012, and October 10, 2012, the notice of motion with proof of service thereof, and the affirmation of Randy C. Mallaber, Esq., dated September 21, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's motion is untimely.
Entered: November 16, 2012
Frances E. Cafarell, Clerk