| KERRY L. TRAYNOR, FORMERLY KNOWN AS KERRY L. ALBERT V JAMES T. ALBERT |
| Motion No: CA 09-02228 |
| Slip Opinion No: 2009 NY Slip Op 89721(U) |
| Decided on November 23, 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 09-02228
| KERRY L. TRAYNOR, FORMERLY KNOWN AS KERRY L. ALBERT,
PLAINTIFF-RESPONDENT, V JAMES T. ALBERT, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 24, 2009,
Now, upon reading and filing the affidavit of James P. Renda sworn to October 28, 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 and appellant shall perfect the appeal on or before February 16, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 23, 2009
Patricia L. Morgan, Clerk