NANCY A. EATON V EDWARD M. EATON
Motion No: CA 06-01373
Slip Opinion No: 2008 NYSlipOp 91609(U)
Decided on December 3, 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.


December 3, 2008

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LUNN, AND PERADOTTO, JJ.

DOCKET NO. CA 06-01373

NANCY A. EATON, PLAINTIFF-RESPONDENT,

V

EDWARD M. EATON, DEFENDANT-APPELLANT.


Appellant having moved to supplement the record on the appeal taken from a decision of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on July 15, 2005,

Now, upon reading and filing the affidavit of David Gerald Jay sworn to October 14, 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, denied.

Memorandum: Appellant's remedy is to perfect an appeal from the order of Supreme Court, Cattaraugus County entered July 22, 2008.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk