| MARLENE WILES V TIMOTHY P. WILES |
| Motion No: CA 09-02428 |
| Slip Opinion No: 2009 NY Slip Op 90788(U) |
| Decided on December 7, 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 09-02428
| MARLENE WILES, PLAINTIFF-APPELLANT, V TIMOTHY P. WILES,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 13, 2009,
Now, upon reading and filing the affirmation of Kimberly A. Colaiacovo dated November 24, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Shari Jo Reich sworn to December 3, 2009, 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 5, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 7, 2009
Patricia L. Morgan, Clerk