| KIMBERLY B. ROONEY V JOHN E. ROONEY |
| Motion No: NOS. CA 11-00242, CA 11-00529, AND CA 11-00530 |
| Slip Opinion No: 2011 NY Slip Op 67079(U) |
| Decided on March 14, 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 NOS. CA 11-00242, CA 11-00529, AND CA 11-00530
| KIMBERLY B. ROONEY, PLAINTIFF-RESPONDENT, V JOHN E. ROONEY,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 21, 2010, and respondent having cross-moved to dismiss the appeals taken herein from orders and a judgment entered April 21, 2010, June 15, 2010, and November 4, 2010, on the ground that appellant has failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq. sworn to January 29, 2011, the affirmation of Richard Glen Curtis, Esq. dated February 4, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before March 30, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion is granted to the extent that appellant shall perfect the appeals from the orders and judgment entered June 15, 2010, and November 4, 2010, on or before May 10, 2011, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: March 14, 2011
Patricia L. Morgan, Clerk