| ALLEN J. SWETT V SHERYL SWETT |
| Motion No: CA 11-00504 |
| Slip Opinion No: 2011 NY Slip Op 68510(U) |
| Decided on March 28, 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 11-00504
| ALLEN J. SWETT, PLAINTIFF-RESPONDENT, V SHERYL SWETT,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Steuben on May 6, 2010, and respondent having cross-moved to dismiss the appeal on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher A. Barton, Esq. sworn to March 2, 2011, the affirmation of Colleen G. Zink, Esq. dated March 11, 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 appellant's motion is granted, on the condition that appellant perfects the appeal on or before May 27, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondent's cross motion is dismissed as unnecessary.
Entered: March 28, 2011
Patricia L. Morgan, Clerk