| REBECCA OSTERHOUT V TAMMY BANKER AND LUCAS SHULLA |
| Motion No: CA 10-01954 |
| Slip Opinion No: 2010 NY Slip Op 86370(U) |
| Decided on October 27, 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 10-01954
CA 10-01954
| REBECCA OSTERHOUT, PLAINTIFF-APPELLANT, V TAMMY BANKER AND
LUCAS SHULLA, DEFENDANTS-RESPONDENTS. |
Appellant having moved, pursuant to CPLR 5520 [a], for an extension of time to serve a notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on August 5, 2010,
Now, upon reading and filing the affidavit of Christopher G. Johnson, Esq. dated September 22, 2010, the notice of motion with proof of service thereof, and the affidavit of Alison M. K. Lee, Esq. sworn to October 7, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the notice of appeal served on September 22, 2010, is deemed to have been timely filed and served (see CPLR 5520 [a]).
Entered: October 27, 2010
Patricia L. Morgan, Clerk