| NICHOLAS B. BOSWORTH, JR. V MARYROSE W. BOSWORTH |
| Motion No: CA 11-01041 |
| Slip Opinion No: 2011 NY Slip Op 75674(U) |
| Decided on June 9, 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 11-01041
| NICHOLAS B. BOSWORTH, JR., PLAINTIFF-APPELLANT, V MARYROSE W.
BOSWORTH, DEFENDANT-RESPONDENT. |
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 Erie on January 31, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of James P. Renda, Esq. sworn to May 13, 2011, and June 3, 2011, the notice of motion with proof of service thereof, the affidavit of Taylor M. Miranda, Esq. sworn to June 2, 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 August 8, 2011.
Entered: June 9, 2011
Patricia L. Morgan, Clerk