| SHELLY L. MORAN V WILLIAM D. WEISBERG, JEAN WEISBERG, ALFRED J. TASSI, JR., AND ALFRED J. TASSI, SR. |
| Motion No: CA 10-01335 |
| Slip Opinion No: 2010 NY Slip Op 77517(U) |
| Decided on July 16, 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 10-01335
| SHELLY L. MORAN, PLAINTIFF-APPELLANT, V WILLIAM D. WEISBERG,
JEAN WEISBERG, ALFRED J. TASSI, JR., AND ALFRED J. TASSI, SR., DEFENDANTS-RESPONDENTS. |
Respondents William D. Weisberg and Jean M. Weisberg having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 23, 2009, on the ground that appellant has failed to perfect timely the appeal,
Appellant having cross-moved to extend the time to perfect the appeal from the same order,
Now, upon reading and filing the affirmation of Donald S. DiBenedetto, Esq. dated June 16, 2010, the affidavit of Joanne Van Dyke, Esq. sworn to June 29, 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 is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 14, 2010, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 16, 2010
Patricia L. Morgan, Clerk