| CHARLES R. LIVECCHI V JOHN NACCA |
| Motion No: CA 12-00284 |
| Slip Opinion No: 2013 NY Slip Op 70726(U) |
| Decided on April 12, 2013 |
| 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 12-00284
| CHARLES R. LIVECCHI, PLAINTIFF-APPELLANT, V JOHN
NACCA, 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 November 4, 2011,
Now, upon reading and filing the affidavit of Charles R. Livecchi sworn to February 4, 2013, and the statement of Charles R. Livecchi dated February 15, 2013, the notice of motion with proof of service thereof, the affirmation of Tara J. Sciortino, Esq., dated February 7, 2013, and the statement of Tara J. Sciortino, Esq., dated February 19, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that appellant failed demonstrate merit to the appeal.
Entered: April 12, 2013
Frances E. Cafarell, Clerk