| NANCY KILGORE V BEVERLY SCOTT |
| Motion No: CA 08-01958 |
| Slip Opinion No: 2008 NYSlipOp 85828(U) |
| Decided on October 6, 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. |
DOCKET NO. CA 08-01958
| NANCY KILGORE, PLAINTIFF-APPELLANT, V BEVERLY SCOTT,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 22, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Timothy Brian O'Shea sworn to September 17, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Andrew L. Spitz dated September 26, 2008, the notice of cross motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before December 22, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: October 6, 2008
JoAnn M. Wahl, Clerk