David E. Meyer v Charles S. Wang
Motion No: 2015-00505 DC
Slip Opinion No: 2015 NY Slip Op 89115(U)
Decided on October 26, 2015
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

JERRY GARGUILO

FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

2015-505 D C
David E. Meyer, Respondent, v Charles S. Wang, Appellant.

Motion by appellant to vacate an order of this court dated July 13, 2015, which dismissed an appeal from a judgment of the Justice Court of the Town of Hyde Park, Dutchess County, entered October 17, 2014.

Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is

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