| ANNA BARRETT V WALTER GRENDA , WALL STREET FINANCIAL GROUP, INC. |
| Motion No: CA 16-01076 |
| Slip Opinion No: 2016 NY Slip Op 79551(U) |
| Decided on July 11, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01076
| ANNA BARRETT, PLAINTIFF-RESPONDENT, V WALTER GRENDA, ET AL.,
DEFENDANTS, WALL STREET FINANCIAL GROUP, INC., DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 10, 2015,
Now, upon reading and filing the affirmation of Steven E. Mellen, Esq., dated June 22, 2016, the notice of motion with proof of service thereof, and the affirmation of Joanne A. Schultz, Esq., dated July 7, 2016, 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: July 11, 2016
Frances E. Cafarell, Clerk