IN THE MATTER OF THOMAS WILLIAMS V GLENN GOORD
Motion No: CA 14-02123
Slip Opinion No: 2014 NY Slip Op 94601(U)
Decided on December 30, 2014
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.


December 30, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-02123

IN THE MATTER OF THOMAS WILLIAMS, PETITIONER-APPELLANT,

V

GLENN GOORD, RESPONDENT-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 Wyoming on April 3, 2002, and having moved for permission to proceed on the appeal as a poor person,

Now, upon reading and filing the affidavits of Thomas Williams sworn to May 28, 2014, and June 17, 2014, and the statements of Thomas Williams dated November 6, 2014, November 26, 2014, and December 10, 2014, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated December 5, 2014, 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, and the motion is otherwise dismissed.

Memorandum: Appellant's motion insofar as it seeks to vacate dismissal of the appeal is untimely (see 22 NYCRR 1000.13 [g]).

Entered: December 30, 2014

Frances E. Cafarell, Clerk