| BARBARA ZAGAR V SHEILA SPENCER AND JEFFREY SIMONS |
| Motion No: CA 10-00998 |
| Slip Opinion No: 2010 NY Slip Op 73866(U) |
| Decided on June 2, 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 10-00998
| BARBARA ZAGAR, PLAINTIFF-APPELLANT, V SHEILA SPENCER AND
JEFFREY SIMONS, DEFENDANTS-RESPONDENTS. |
Respondents 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 Oneida on January 26, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael J. Livolsi, Esq. dated May 6, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: June 2, 2010
Patricia L. Morgan, Clerk