| LEE ANN S., V LEON S., . |
| Motion No: CA 06-03748 |
| Slip Opinion No: 2007 NYSlipOp 86330(U) |
| Decided on December 10, 2007 |
| 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: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 06-03748
| LEE ANN S., PLAINTIFF-RESPONDENT-APPELLANT, V LEON S.,
DEFENDANT-APPELLANT-RESPONDENT. |
Respondent-appellant having moved for an extension of time to perfect the cross appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on November 28, 2006,
Now, upon reading and filing the affidavit of Terri L. LoTempio sworn to
November 28, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and respondent-appellant shall perfect the cross appeal on or before January 21, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 5, 2008.
Entered: December 10, 2007
JoAnn M. Wahl, Clerk