| Marc L. Henig v Lisa Howe |
| Motion No: 2014-00207 NC |
| Slip Opinion No: 2014 NY Slip Op 92339(U) |
| Decided on November 25, 2014 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
BRUCE E. TOLBERT, J.P.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Marc L. Henig, Appellant, v Lisa Howe, Respondent. |
Motion by the appellant to vacate an order of this court dated May 12, 2014, which dismissed an appeal from a judgment of the District Court of Nassau County, Third District, entered March 27, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is hereby,
ORDERED that the motion is denied with leave to renew upon the filing of an affidavit by appellant setting forth both a reasonable excuse for his default and a potentially meritorious appeal (see CPLR 5015 [a][1]; Sussman v Jo-Sta Realty Corp., 99AD3d 787).
ENTER:
Paul Kenny
Chief Clerk