| PAUL RECK V THE BRUNDAGE CORPORATION DOING BUSINESS AS THE COMPANY STORE |
| Motion No: CA 14-01759 |
| Slip Opinion No: 2015 NY Slip Op 75081(U) |
| Decided on June 4, 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 14-01759
| PAUL RECK, APPELLANT, V THE BRUNDAGE CORPORATION DOING
BUSINESS AS THE COMPANY STORE, RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Ontario County Court entered in the Office of the Clerk of the County of Ontario on December 3, 2013,
Now, upon reading and filing the affidavit of Paul Reck sworn to May 12, 2015, the notice of motion with proof of service thereof, and the affidavit of Matthew J. Fusco, Esq., sworn to May 22, 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 setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: June 4, 2015
Frances E. Cafarell, Clerk