| SUSAN V. SIZEMORE V RICK L. SIZEMORE |
| Motion No: CA 10-01357 |
| Slip Opinion No: 2010 NY Slip Op 80637(U) |
| Decided on August 19, 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 10-01357
| SUSAN V. SIZEMORE, PLAINTIFF-APPELLANT, V RICK L. SIZEMORE,
DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 2, 2009,
Now, upon reading and filing the affirmation of David B. Smith, Esq. dated July 23, 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, on the condition that appellant perfects the appeal on or before October 18, 2010.
Entered: August 19, 2010
Patricia L. Morgan, Clerk