SAMUEL ROBERT WILLIAMS V TRACY S. WILLIAMS
Motion No: CA 10-02230
Slip Opinion No: 2010 NY Slip Op 91686(U)
Decided on December 16, 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.


December 16, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-02230

SAMUEL ROBERT WILLIAMS, PLAINTIFF-RESPONDENT,

V

TRACY S. WILLIAMS, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken herein from an order (denominated Decision on Motion) of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 1, 2010, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Edward B. Alderman, Esq. sworn to November 9, 2010, the notice of motion with proof of service thereof, and the affirmation of Stephen Lance Cimino, Esq. dated November 22, 2010, and due deliberation having been had thereon,

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 February 14, 2011.

Entered: December 16, 2010

Patricia L. Morgan, Clerk