LILLIAN SOFIEN AND JUDITH DIANE NOEL V CHARLES PHILLIP NOEL
Motion No: CA 08-01485
Slip Opinion No: 2008 NYSlipOp 79135(U)
Decided on July 29, 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.


July 29, 2008

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

DOCKET NO. CA 08-01485

LILLIAN SOFIEN, PLAINTIFF, AND JUDITH DIANE NOEL,

PLAINTIFF-APPELLANT,

V

CHARLES PHILLIP NOEL, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 8, 2008,

Now, upon reading and filing the affidavit of Paul H. Reid, Jr. sworn to July 11, 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 appellant shall perfect the appeal on or before August 25, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 29, 2008

JoAnn M. Wahl, Clerk