| ANTHONY PRAVE, III V JAMES HENDERSON AND MICHELLE WILLIAMS HENDERSON |
| Motion No: CA 10-01543 |
| Slip Opinion No: 2010 NY Slip Op 79985(U) |
| Decided on August 9, 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 10-01543
| ANTHONY PRAVE, III, PLAINTIFF-RESPONDENT, V JAMES HENDERSON
AND MICHELLE WILLIAMS HENDERSON, DEFENDANTS-APPELLANTS. |
Respondent 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 Cayuga on March 11, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Lee S. Michaels, Esq. sworn to July 12, 2010 and July 16, 2010, the notice of motion with proof of service thereof, the affirmation of James P. Godemann, Esq. received July 30, 2010, 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 October 8, 2010.
Entered: August 9, 2010
Patricia L. Morgan, Clerk