| KHALID S. MAHRAN AND KIDNEY CARE, P.C. V MICHAEL B. BERGER, ESQ. |
| Motion No: CA 15-00450 |
| Slip Opinion No: 2015 NY Slip Op 70341(U) |
| Decided on April 15, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00450
| KHALID S. MAHRAN AND KIDNEY CARE, P.C., PLAINTIFFS-APPELLANTS,
V MICHAEL B. BERGER, ESQ., DEFENDANT-RESPONDENT. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 29, 2014,
Now, upon reading and filing the affirmation of Stephen F. Szymoniak, Esq., dated March 27, 2015, the notice of motion with proof of service thereof, and the affirmation of Beverly S. Braun, Esq., dated March 31, 2015, 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 demonstrating an intent to perfect the appeal within a reasonable time and setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: April 15, 2015
Frances E. Cafarell, Clerk