| ROBERT M. WEICHERT V NICHOLE FINK AND LISE BROWN |
| Motion No: CA 17-00117 |
| Slip Opinion No: 2017 NY Slip Op 74194(U) |
| Decided on May 16, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. CA 17-00117
| ROBERT M. WEICHERT, PLAINTIFF-APPELLANT, V NICHOLE FINK AND
LISE BROWN, 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 Onondaga on November 3, 2016, and counsel for Lise Brown having cross-moved for costs and sanctions,
Now, upon reading and filing the affidavits of Robert M. Weichert sworn to March 23, 2017, and April 14, 2017, the affidavit of Paul G. Ferrara, Esq., sworn to March 29, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is denied on the ground that the facts as set forth by appellant fail to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]), and
It is further ORDERED that respondent's cross motion is denied without prejudice.
Entered: May 16, 2017
Frances E. Cafarell, Clerk