TIMOTHY C. HEWITT V COUNTY OF CHAUTAUQUA, RAYMOND R. WHITACRE INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND

TIMOTHY C. HEWITT V COUNTY OF CHAUTAUQUA, RAYMOND R. WHITACRE INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND

Motion No: CA 16-02309

Slip Opinion No: 2017 NY Slip Op 65764(U)

Decided on February 28, 2017

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.

February 28, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-02309

TIMOTHY C. HEWITT, PLAINTIFF-APPELLANT,
V
COUNTY OF CHAUTAUQUA, RAYMOND R. WHITACRE INDIVIDUALLY AND
AS PARENT OF BRENDYN J. WHITACRE, AND BRENDYN J. WHITACRE,
DEFENDANTS-RESPONDENTS.

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 Chautauqua on September 8, 2016,

Now, upon reading and filing the affidavit of Timothy C. Hewitt sworn to February 8, 2017, and the notice of motion with proof of service thereof, 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: February 28, 2017

Frances E. Cafarell, Clerk