| MARLENE WILES V TIMOTHY P. WILES |
| Motion No: CA 09-02428 |
| Slip Opinion No: 2010 NY Slip Op 62093(U) |
| Decided on January 26, 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. |
DOCKET NO. CA 09-02428
| MARLENE WILES, PLAINTIFF-APPELLANT, V TIMOTHY P. WILES,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss 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, on the ground that appellant failed to timely file the notice of appeal,
Now, upon reading and filing the affidavit of Shari Jo Reich sworn to December 23, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, denied as no proof of the date of service with notice of entry was provided.
Entered: January 26, 2010
Patricia L. Morgan, Clerk