| LINDA GALLEY V GARY CLARK |
| Motion No: CA 10-02142 |
| Slip Opinion No: 2010 NY Slip Op 88171(U) |
| Decided on November 12, 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 10-02142
| LINDA GALLEY, PLAINTIFF-RESPONDENT, V GARY CLARK,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 28, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Robert B. Nichols dated October 14, 2010, and October 27, 2010, the notice of motion with proof of service thereof, and the affidavit of John H. Hanrahan, 3d, Esq. sworn to October 21, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed
Entered: November 12, 2010
Patricia L. Morgan, Clerk