In the Matter of Donna Marquis v Thoren Washington

Motion No: 509236

Slip Opinion No: 2010 NY Slip Op 84502(U)

Decided on October 7, 2010

Appellate Division, Third 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.

Decided and Entered: October 7, 2010

Case # 509236

In the Matter of DONNA MARQUIS, Appellant, v THOREN WASHINGTON, Respondent.

DECISION AND ORDER ON MOTION

Motion for leave to file a late notice of appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs. Petitioner argues that the time period for taking an appeal from the September 8, 2009 order has not yet commenced. It is noted that, in the event, a motion for an extension of time to take an appeal would not be required before the filing and service of a notice of appeal.
SPAIN, J.P., MALONE JR., STEIN, McCARTHY and GARRY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court