DOCKET NO. CA 11-01616
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Herkimer on April 27, 2011,
Now, upon reading and filing the affidavits of Larry Plac received April 21, 2014, and May 9, 2014, the notice of motion with proof of service thereof, the affidavit of Stephen M. Groudine, Esq., sworn to April 23, 2014, and the affidavit of Daniel A. Burgess, Esq., sworn to April 30, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The motion is untimely.
Frances E. Cafarell, Clerk