| WINFORD H. LEWIS V MARY ELIZABETH LEWIS, ALSO KNOWN AS BETSY LEWIS WINFORD H. LEWIS, V MARY ELIZABETH LEWIS, ALSO |
| Motion No: NOS. CA 09-01013 AND CA 09-01015 |
| Slip Opinion No: 2009 NY Slip Op 74061(U) |
| Decided on June 2, 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 NOS. CA 09-01013 AND CA 09-01015
| WINFORD H. LEWIS, PLAINTIFF-RESPONDENT, V MARY ELIZABETH
LEWIS, ALSO KNOWN AS BETSY LEWIS, DEFENDANT-APPELLANT. WINFORD H. LEWIS, PLAINTIFF-APPELLANT-RESPONDENT, V MARY
ELIZABETH LEWIS, ALSO KNOWN AS BETSY LEWIS, DEFENDANT-RESPONDENT-APPELLANT. |
Plaintiff having moved for an extension of time to file and serve a responding brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 28, 2008, and for an extension of time to perfect his appeal from a judgment of the same Court entered September 4, 2008,
Now, upon reading and filing the affidavit of Maurice J. Verrillo sworn to May 15, 2009, 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, granted to the extent that plaintiff may perfect his appeal from the judgment entered September 4, 2008 on or before July 31, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and the motion is otherwise dismissed as premature.
Entered: June 2, 2009
Patricia L. Morgan, Clerk