ANGELA NESMITH, AS PARENT AND NATURAL GUARDIAN OF EMMANUEL NESMITH AND SHAKEYA NESMITH, INFANTS UNDER THE AGE OF

ANGELA NESMITH, AS PARENT AND NATURAL GUARDIAN OF EMMANUEL NESMITH AND SHAKEYA NESMITH, INFANTS UNDER THE AGE OF

Motion No: CA 09-01944

Slip Opinion No: 2010 NY Slip Op 62656(U)

Decided on February 2, 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.

February 2, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND GORSKI, JJ.

DOCKET NO. CA 09-01944

ANGELA NESMITH, AS PARENT AND NATURAL GUARDIAN OF EMMANUEL
NESMITH AND SHAKEYA NESMITH, INFANTS UNDER THE AGE OF
EIGHTEEN, PLAINTIFF-RESPONDENT,
V
SONJA SUHR, DEFENDANT,
THOMAS GERVASI AND ELAINE GERVASI, DEFENDANTS-APPELLANTS.

Respondent having moved to reschedule oral argument on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 16, 2009,

Now, upon reading and filing the affidavit of John Ned Lipsitz sworn to January 19, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is removed from the day calendar for March 1, 2010, and is added to the day calendar for February 24, 2010.

Entered: February 2, 2010

Patricia L. Morgan, Clerk