In the Matter of Kevin Payton v Claudia Payton



In the Matter of Kevin Payton v Claudia Payton
Motion No: 508700
Slip Opinion No: 2010 NY Slip Op 68079(U)
Decided on April 8, 2010
Appellate Division, Third 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.



Decided and Entered: April 8, 2010

Case # 508700


In the Matter of KEVIN PAYTON,

Respondent,

v
CLAUDIA PAYTON,

Appellant.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal as untimely.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and MALONE JR., JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court