| MARGARET MELENDEZ-KOERNER V SCHAFFER & FIORENTINO, D.D.S., P.C. |
| Motion No: CA 12-00236 |
| Slip Opinion No: 2013 NY Slip Op 87876(U) |
| Decided on October 9, 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 12-00236
| MARGARET MELENDEZ-KOERNER, PLAINTIFF-APPELLANT,
V SCHAFFER & FIORENTINO, D.D.S., P.C., DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of 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,
Now, upon reading and filing the affidavit of Joanne VanDyke, Esq., sworn to September 20, 2013, the notice of motion with proof of service thereof, and the affidavit of Matthew J. VanBeveran, Esq., sworn to September 30, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied as untimely (see 22 NYCRR 1000.13 [g]).
Entered: October 9, 2013
Frances E. Cafarell, Clerk