GARY BEITER V MARY ANNE BEITER
Motion No: CA 08-00993
Slip Opinion No: 2008 NYSlipOp 89475(U)
Decided on November 17, 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.


November 17, 2008

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

DOCKET NO. CA 08-00993

GARY BEITER, PLAINTIFF-APPELLANT,

V

MARY ANNE BEITER, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 2, 2008,

Now, upon reading and filing the affirmation of Maureen A. Pineau dated November 7, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Edward J. Massare dated November 7, 2008, 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 January 20, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 17, 2008

JoAnn M. Wahl, Clerk