SANDRA J. SMITH, V CHARLES D. SMITH, .
Motion No: CA 10-00615
Slip Opinion No: 2010 NY Slip Op 67243(U)
Decided on March 29, 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.


March 29, 2010

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

DOCKET NO. CA 10-00615

SANDRA J. SMITH, PLAINTIFF-RESPONDENT-APPELLANT,

V

CHARLES D. SMITH, DEFENDANT-APPELLANT-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 Niagara on July 9, 2009,

Now, upon reading and filing the affirmation of Kenneth A. Olena dated March 8, 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 appellant shall perfect the appeal on or before June 1, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 29, 2010

Patricia L. Morgan, Clerk