EVELYN D. OLIVER V BENJAMIN F. OLIVER
Motion No: CA 08-00464
Slip Opinion No: 2008 NYSlipOp 68321(U)
Decided on April 2, 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.


April 2, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-00464

EVELYN D. OLIVER, PLAINTIFF-RESPONDENT,

V

BENJAMIN F. OLIVER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to take an appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on

June 22, 2007,

Now, upon reading and filing the affidavit of Kathryn Bryk Friedman dated

March 3, 2008, 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 the service of the notice of appeal on February 25, 2008 is hereby deemed timely.

Entered: April 2, 2008

JoAnn M. Wahl, Clerk