| NICKOLAS VIELE V LORRAINE VYVERBERG |
| Motion No: CA 10-01348 |
| Slip Opinion No: 2010 NY Slip Op 77012(U) |
| Decided on July 13, 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 10-01348
| NICKOLAS VIELE, PLAINTIFF-RESPONDENT, V LORRAINE VYVERBERG,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 5, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Robert L. Voltz, Esq. sworn to June 18, 2010 and June 22, 2010, the notice of motion with proof of service thereof, the affidavit of Anthony J. Piazza, Esq. sworn to June 29, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 13, 2010.
Entered: July 13, 2010
Patricia L. Morgan, Clerk