RONALD VANYO V ANN VANYO
Motion No: CA 09-02377
Slip Opinion No: 2010 NY Slip Op 75844(U)
Decided on June 24, 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.


June 24, 2010

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

DOCKET NO. CA 09-02377

RONALD VANYO, PLAINTIFF-RESPONDENT,

V

ANN VANYO, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2009,

Now, upon reading and filing the affirmation of Elizabeth M. DiPirro, Esq. received May 13, 2010, the notice of motion with proof of service thereof, the affidavit of Robert R. Vario, Esq. sworn to May 17, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the ordering paragraph of the order of this Court entered April 14, 2010 is hereby amended by deleting the date May 14, 2010 and inserting in its place the date July 26, 2010.

It is further ORDERED that the appeal will be dismissed and the stay of enforcement lifted, without further order, if the appeal is not perfected by July 26, 2010.

Memorandum: No further extensions of time to perfect will be granted.

Entered: June 24, 2010

Patricia L. Morgan, Clerk