| MICHELLE T. STEGURA V SCOTT M. FOX |
| Motion No: CA 09-02115 |
| Slip Opinion No: 2009 NY Slip Op 87246(U) |
| Decided on October 26, 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. |
DOCKET NO. CA 09-02115
| MICHELLE T. STEGURA, PLAINTIFF-RESPONDENT, V SCOTT M. FOX,
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 Erie on August 5, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Todd M. Schiffmacher dated October 16, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Timothy R. Hedges dated October 21, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before January 26, 2010.
Entered: October 26, 2009
Patricia L. Morgan, Clerk