| JAMES R. MYERS V DIANE C. MYERS |
| Motion No: CA 11-00003 |
| Slip Opinion No: 2011 NY Slip Op 63035(U) |
| Decided on February 1, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00003
| JAMES R. MYERS, PLAINTIFF-APPELLANT, V DIANE C. MYERS,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on March 29, 2010,
Now, upon reading and filing the affirmation of David A. Merkel, Esq. dated December 28, 2010, the notice of motion with proof of service thereof, and the affidavit of Diane C. Myers sworn to January 10, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant shall perfect the appeal on or before March 2, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 1, 2011
Patricia L. Morgan, Clerk