| ARTIS EVANS V BRADLEY W. PATTINGTON MARTHA MCCLENDON |
| Motion No: CA 10-01908 |
| Slip Opinion No: 2010 NY Slip Op 86943(U) |
| Decided on October 29, 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 10-01908
| ARTIS EVANS, PLAINTIFF-RESPONDENT, V BRADLEY W. PATTINGTON,
DEFENDANT-APPELLANT, MARTHA MCCLENDON, DEFENDANT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on April 8, 2010, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank A. Bersani, Jr., sworn to September 8, 2010, the notice of motion with proof of service thereof, the affidavit of Keith D. Miller, Esq. sworn to September 15, 2010,
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 December 28, 2010.
Entered: October 29, 2010
Patricia L. Morgan, Clerk