| MARGARET MELENDEZ-KOERNER V SCHAFFER & FIORENTINO, D.D.S., P.C. |
| Motion No: CA 12-00236 |
| Slip Opinion No: 2012 NY Slip Op 92521(U) |
| Decided on November 29, 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 12-00236
| MARGARET MELENDEZ-KOERNER,
PLAINTIFF-APPELLANT, V SCHAFFER & FIORENTINO, D.D.S., P.C.,
DEFENDANT-RESPONDENT. |
Appellant having moved to reinstate the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 24, 2011, and having moved for other relief,
Now, upon reading and filing the affidavit of Margaret Koerner sworn to November 7, 2012, the notice of motion with proof of service thereof, and the affidavit of Matthew J. VanBeveren, Esq., sworn to November 15, 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: November 29, 2012
Frances E. Cafarell, Clerk