| JOANN KASBY V ROBERT W. APPLEGATE |
| Motion No: CA 10-01580 |
| Slip Opinion No: 2010 NY Slip Op 80008(U) |
| Decided on August 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 10-01580
| JOANN KASBY, PLAINTIFF-APPELLANT, V ROBERT W. APPLEGATE,
DEFENDANT-RESPONDENT. |
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 Oneida on May 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher G. Todd, Esq. sworn to July 26, 2010, the notice of motion with proof of service thereof, the affidavit of Joann Kasby sworn to August 4, 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 15, 2010.
Entered: August 16, 2010
Patricia L. Morgan, Clerk