| LOUISE SPENCER V JOHN F. BURKE, PATRICK J. BURKE, ADRIAN J. BURKE AND BURKE AND BURKE, ATTORNEYS AND COUNSELORS AT LAW |
| Motion No: CA 10-00238 |
| Slip Opinion No: 2010 NY Slip Op 65192(U) |
| Decided on March 5, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00238
| LOUISE SPENCER, PLAINTIFF-APPELLANT, V JOHN F. BURKE, PATRICK J.
BURKE, ADRIAN J. BURKE AND BURKE AND BURKE, ATTORNEYS AND COUNSELORS AT LAW,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to file the notice of appeal and an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 13, 2009,
Now, upon reading and filing the affidavit of Louise Spencer sworn to January 29, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Tara J. Sciortino dated February 1, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied as unnecessary insofar as it seeks an extension of time to file the notice of appeal.
It is further ORDERED that the motion is denied insofar as it seeks an extension of time to perfect the appeal, because appellant has failed to demonstrate a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time (see 22 NYCRR 1000.13 [f]).
Entered:March 5, 2010
PATRICIA L. MORGAN, CLERK