Wasserman v Wasserman
Motion No: 2008-03925
Slip Opinion No: 2009 NY Slip Op 71388(U)
Decided on May 4, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85995

E/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-03925

ORDER ON APPLICATION

Mark A. Wasserman, respondent-appellant,

v Joann Wasserman, appellant-respondent.

(Index No. 2623/04)

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered March 21, 2008, to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal and cross appeal are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[c], [e]).

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court