| DANA JUHASZ, V STEPHEN JUHASZ, . |
| Motion No: CA 08-00284 |
| Slip Opinion No: 2008 NYSlipOp 64967(U) |
| Decided on February 25, 2008 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00284
| DANA JUHASZ, PLAINTIFF-RESPONDENT-APPELLANT, V STEPHEN
JUHASZ, DEFENDANT-APPELLANT-RESPONDENT. |
Respondent-appellant having moved for an extension of time to perfect her cross appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 11, 2007, and appellant-respondent having cross-moved to vacate the dismissal of his appeal from the judgment,
Now, upon reading and filing the affidavit of Kimberly A. Colaiacovo sworn to
February 7, 2008, the notice of motion with proof of service thereof, the affidavit of
John A. Collins sworn to February 15, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the cross motion be, and the same hereby is, granted on the condition that appellant-respondent perfect the appeal on or before April 25, 2008, and
It is further ORDERED that the motion be, and the same hereby is, granted and respondent-appellant shall perfect the cross appeal on or before May 27, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: February 25, 2008
JoAnn M. Wahl, Clerk