| JOANN KASBY V ROBERT W. APPLEGATE |
| Motion No: CA 10-01580 |
| Slip Opinion No: 2010 NY Slip Op 91720(U) |
| Decided on December 20, 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 10-01580
| JOANN KASBY, PLAINTIFF-APPELLANT, V ROBERT W. APPLEGATE,
DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 12, 2010,
Now, upon reading and filing the affidavit of Joann Kasby sworn to November 24, 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, with leave to renew upon a timely showing of merit (see 22 NYCRR 1000.13 [g]).
Entered: December 20, 2010
Patricia L. Morgan, Clerk