| CITIFINANCIAL COMPANY (DE) V ANY UNKNOWN HEIRS TO THE ESTATE OF RUTH M. CLARK, DECEASED , JEFFREY P. VAN SKIVER |
| Motion No: CA 11-00090 |
| Slip Opinion No: 2011 NY Slip Op 63778(U) |
| Decided on February 4, 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 11-00090
| CITIFINANCIAL COMPANY (DE), PLAINTIFF-RESPONDENT, V ANY
UNKNOWN HEIRS TO THE ESTATE OF RUTH M. CLARK, DECEASED, ET AL., DEFENDANTS, JEFFREY P. VAN SKIVER,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Yates on September 13, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Larry T. Powell, Esq. dated January 12, 2011, the notice of motion with proof of service thereof, and the affirmation of Edward J. Degnan, Esq. dated January 25, 2011, 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 April 5, 2011.
Entered: February 4, 2011
Patricia L. Morgan, Clerk