| NANCY A. EATON V EDWARD M. EATON |
| Motion No: CA 10-02040 |
| Slip Opinion No: 2010 NY Slip Op 87663(U) |
| Decided on November 4, 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 CARNI, JJ.
DOCKET NO. CA 10-02040
| NANCY A. EATON, PLAINTIFF-RESPONDENT, V EDWARD M. EATON,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on July 22, 2008, and the mandate of commitment of the Supreme Court filed in the Office of the Clerk of the County of Cattaraugus on July 7, 2008,
Now, upon reading and filing the affidavit of Edward M. Eaton sworn to September 29, 2010, the affirmation of Jared P. Hirt, Esq. dated September 29, 2010, the affidavit of Tina B. Jay sworn to August 26, 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 denied.
Entered: November 4, 2010
Patricia L. Morgan, Clerk