| SANDRA J. SMITH, V CHARLES D. SMITH, . |
| Motion No: CA 10-00615 |
| Slip Opinion No: 2010 NY Slip Op 77504(U) |
| Decided on July 15, 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 10-00615
| SANDRA J. SMITH, PLAINTIFF-RESPONDENT-APPELLANT, V CHARLES D.
SMITH, DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiff Sandra J. Smith having moved to vacate the dismissal of the cross appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 9, 2009, and having moved for an order accepting the brief filed June 28, 2010 as both a respondent's brief and a brief on the cross appeal,
Now, upon reading and filing the affidavit of James P. Renda, Esq. sworn to July 1, 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 granted and the brief of plaintiff Sandra J. Smith filed June 28, 2010 is accepted as a respondent-appellant's brief, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before July 30, 2010, and
It is further ORDERED that surreply briefs, if any, shall be filed and served on or before August 16, 2010.
Entered: July 15, 2010
Patricia L. Morgan, Clerk