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

DOCKET NO. CA 10-00984

SARAH CHRISTMAS, PLAINTIFF-RESPONDENT, V DANIEL CHRISTMAS, DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to perfect the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 5, 2010 and from a transcript of the decision of said Court dated February 23, 2010, and respondent having cross-moved to dismiss said appeals,

Now, upon reading and filing the affirmation of Michael D. Assaf, Esq. dated May 20, 2010, the affirmation of Dean L. Gordon, Esq. dated May 25, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal herein from the order of the Supreme Court entered April 5, 2010 is denied, without prejudice, as premature, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the transcript of the decision of the Supreme Court dated February 23, 2010 is dismissed because this Court has already dismissed that appeal, and

It is further ORDERED that the cross motion insofar as it seeks to dismiss the appeal herein from the order of the Supreme Court entered April 5, 2010 is denied, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeal from the transcript of the decision of the Supreme Court dated February 23, 2010 is dismissed because this Court has already dismissed that appeal.

Entered: June 25, 2010

Patricia L. Morgan, Clerk