| CRISTEN L. KESSLER V MICHAEL E. KESSLER |
| Motion No: CA 11-00531 |
| Slip Opinion No: 2011 NY Slip Op 70520(U) |
| Decided on April 19, 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 11-00531
| CRISTEN L. KESSLER, PLAINTIFF-APPELLANT, V MICHAEL E. KESSLER,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 30, 2010, on the ground that appellant did not timely file and serve the notice of appeal,
Now, upon reading and filing the affidavit of Barbara A. Piazza, Esq. sworn to March 4, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: April 19, 2011
Patricia L. Morgan, Clerk