| MONICA TESMER, AS PARENT AND NATURAL GUARDIAN OF NORMA TESMER, AN INFANT V DAVID COLONNA, - . |
| Motion No: CA 10-00708 |
| Slip Opinion No: 2010 NY Slip Op 75858(U) |
| Decided on June 25, 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: CENTRA, J.P., CARNI, LINDLEY, AND GREEN, JJ.
DOCKET NO. CA 10-00708
| MONICA TESMER, AS PARENT AND NATURAL GUARDIAN OF NORMA TESMER, AN
INFANT, PLAINTIFF-RESPONDENT, V DAVID COLONNA, DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
Respondent having moved to dismiss the appeal taken from the order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on September 16, 2009, on the ground that the appeal is moot or, in the alternative, having moved for an extension of time to file and serve a brief on the appeal taken herein,
Now, upon reading and filing the affirmation of Sareer A. Fazili, Esq. dated May 20, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal taken herein is denied with leave to renew at oral argument, and
It is further ORDERED that the motion insofar as seeks an extension of time to file and serve a brief is granted on condition that the brief is filed and served on or before July 26, 2010, and the Clerk is directed to accept the brief for filing.
Entered: June 25, 2010
Patricia L. Morgan, Clerk