| DANIEL P. CALDWELL V RHONDA D. WARD AND DANNY R. WARD |
| Motion No: CA 10-00844 |
| Slip Opinion No: 2010 NY Slip Op 69875(U) |
| Decided on April 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00844
| DANIEL P. CALDWELL, PLAINTIFF-APPELLANT, V RHONDA D. WARD AND
DANNY R. WARD, DEFENDANTS-RESPONDENTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on November 4, 2009, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal taken herein,
Now, upon reading and filing the affidavit of Clark J. Zimmermann, Jr., Esq. sworn to April 7, 2010, the affidavit of C. Daniel McGillicuddy, Esq. sworn to April 15, 2010, the notices 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 dismissed without further order unless the appeal is perfected on or before June 25, 2010, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: April 26, 2010
Patricia L. Morgan, Clerk