| AUTUMN D. ROGERS AND EUGENE ROGERS, AS HUSBAND AND WIFE V JANNA K. EDELMAN |
| Motion No: CA 10-00721 |
| Slip Opinion No: 2010 NY Slip Op 69883(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. |
DOCKET NO. CA 10-00721
| AUTUMN D. ROGERS AND EUGENE ROGERS, AS HUSBAND AND WIFE,
PLAINTIFFS-RESPONDENTS, V JANNA K. EDELMAN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on December 30, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew A. Lenhard, Esq. sworn to March 26, 2010, the notice of motion with proof of service thereof, the opposing affidavit of John E. Abeel, Esq. sworn to April 21, 2010, 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.
Entered: April 26, 2010
Patricia L. Morgan, Clerk