BERNIE DIPIZIO V DOROTHY DIPIZIO
Motion No: CA 09-02000
Slip Opinion No: 2010 NY Slip Op 62019(U)
Decided on January 20, 2010
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.


January 20, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 09-02000

BERNIE DIPIZIO, PLAINTIFF-RESPONDENT,

V

DOROTHY DIPIZIO, 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 December 10, 2008,

Now, upon reading and filing the affirmation of Geffrey Gismondi dated January 5, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Patrick C. O'Reilly sworn to January 14, 2010, the reply affidavit of Geffrey Gismondi sworn to January 15, 2010, 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 the ordering paragraph of the order of this Court entered October 19, 2009 is hereby amended by deleting the date January 19, 2010 and inserting in its place the date March 22, 2010.

Entered: January 20, 2010

Patricia L. Morgan, Clerk