| SUSAN V. SIZEMORE V RICK L. SIZEMORE |
| Motion No: CA 10-01357 |
| Slip Opinion No: 2010 NY Slip Op 76444(U) |
| Decided on July 1, 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: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01357
| SUSAN V. SIZEMORE, PLAINTIFF-APPELLANT, V RICK L. SIZEMORE,
DEFENDANT-RESPONDENT. |
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 June 2, 2009,
Now, upon reading and filing the affirmation of David B. Smith, Esq. dated June 7, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, without prejudice to a motion to vacate dismissal (see 22 NYCRR 1000.13 [g]).
Entered: July 1, 2010
Patricia L. Morgan, Clerk