| IN THE MATTER OF JAMES M. KERNAN, ORISKA INSURANCE COMPANY, AND ORISKA CORPORATION V SHIRIN EMAMI, AS ACTING |
| Motion No: CA 18-02162 |
| Slip Opinion No: 2018 NY Slip Op 90314(U) |
| Decided on December 3, 2018 |
| 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 18-02162
| IN THE MATTER OF JAMES M. KERNAN, ORISKA INSURANCE COMPANY, AND
ORISKA CORPORATION, PETITIONERS-APPELLANTS, V SHIRIN EMAMI, AS ACTING SUPERINTENDENT OF NEW YORK STATE DEPARTMENT OF
FINANCIAL SERVICES, CHARLES ("BUZZ") SAWYER, CHRISTINE GRALTON, ET AL., RESPONDENTS-RESPONDENTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 4, 2017,
Now, upon reading and filing the affirmation of Leighton R. Burns, Esq., dated November 16, 2018, 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 1250.10 [c]).
Entered: December 3, 2018
Mark W. Bennett, Clerk