| SUSAN V. SIZEMORE V RICK L. SIZEMORE |
| Motion No: CA 10-01357 |
| Slip Opinion No: 2010 NY Slip Op 90832(U) |
| Decided on December 14, 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 10-01357
| SUSAN V. SIZEMORE, PLAINTIFF-APPELLANT, V RICK L. SIZEMORE,
DEFENDANT-RESPONDENT. |
Appellant having moved for a second order vacating dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 2, 2009, and respondent having cross-moved to dismiss the appeal,
Now, upon reading and filing the affidavits of David B. Smith, Esq. sworn to October 12, 2010, and October 22, 2010, the affidavits of Rick L. Sizemore sworn to October 20, 2010, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered August 19, 2010, is hereby amended by deleting the date October 18, 2010, and inserting in its place the date February 14, 2011, and
It is further ORDERED that the cross motion is denied.
Memorandum: No further motions to vacate dismissal of the appeal will be granted.
Entered: December 14, 2010
Patricia L. Morgan, Clerk