Karen Dematteis v Bruce Fuchs & Judith Fuchs
Motion No: 2005-01638 kc
Slip Opinion No: 2006 NYSlipOp 67745(U)
Decided on April 14, 2006
Appellate Term, Second 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., RIOS and BELEN, JJ.

NO. 2005-1638 K C
KAREN DEMATTEIS,

Respondent,

-against-

BRUCE FUCHS and JUDITH FUCHS,

Appellants.

DECISION

Motion by plaintiff-respondent to dismiss appeal for failure to prosecute is denied without prejudice to renewal upon proper papers.

The affidavit is signed and notarized outside New York State requiring submission of a certificate of conformity (see Jenkins v Diamond, 308 AD2d 510 [2003] citing Ford Motor Credit Co. v Prestige Gown Cleaning Serv., 193 Misc 2d 262 [2002]).