DANIEL SNYDER, V DAWN SNYDER, .
Motion No: CA 10-02095
Slip Opinion No: 2011 NY Slip Op 62433(U)
Decided on January 24, 2011
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.


January 24, 2011

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GREEN, JJ.

DOCKET NO. CA 10-02095

DANIEL SNYDER, PLAINTIFF-RESPONDENT-APPELLANT,

V

DAWN SNYDER, DEFENDANT-APPELLANT-RESPONDENT.


Plaintiff having renewed the motion to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 20, 2010,

Now, upon reading and filing the affidavit of Patrick C. O'Reilly, Esq. sworn to December 27, 2010, the notice of motion with proof of service thereof, and the affirmation of Geffrey Gismondi, Esq. dated January 7, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the plaintiff's cross appeal is deemed timely perfected, and

It is further ORDERED that defendant's brief in response to the cross appeal shall be filed and served on or before February 8, 2011, and

It is further ORDERED that plaintiff's reply brief in support of his cross appeal shall be filed and served on or before February 18, 2011.

Entered: January 24, 2011

Patricia L. Morgan, Clerk