| DANIEL P. HURLEY V AMANDA H. HURLEY |
| Motion No: CA 09-00374 |
| Slip Opinion No: 2009 NYSlipOp 68381(U) |
| Decided on April 1, 2009 |
| 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00374
| DANIEL P. HURLEY, PLAINTIFF-RESPONDENT, V AMANDA H. HURLEY,
DEFENDANT-APPELLANT. |
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 Monroe on January 5, 2009, on the ground that the appeal is untimely,
Now, upon reading and filing the affidavit of George A. Schell sworn to February 18, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Lewis J. Heisman sworn to March 13, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Matter of Westchester Tit. & Trust Co., 260 App Div 1055 [1940]) .
Entered: April 1, 2009
JoAnn M. Wahl, Clerk