| PAUL RECK V THE BRUNDAGE CORPORATION DOING BUSINESS AS THE COMPANY STORE |
| Motion No: CA 14-01759 |
| Slip Opinion No: 2015 NY Slip Op 84770(U) |
| Decided on September 14, 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 affidavits of Paul Reck sworn to August 18, 2015, and September 8, 2015, the notice of motion with proof of service thereof, and the affirmation of Matthew J. Fusco, Esq., dated September 4, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant failed to file and serve with this motion an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: September 14, 2015
Frances E. Cafarell, Clerk