NANCY A. EATON V EDWARD M. EATON
Motion No: CA 11-01457
Slip Opinion No: 2011 NY Slip Op 80576(U)
Decided on August 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.


August 4, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01457

NANCY A. EATON, PLAINTIFF-RESPONDENT,

V

EDWARD M. EATON, DEFENDANT-APPELLANT.


Appellant having moved for a 60-day 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 Cattaraugus on May 5, 2011,

Now, upon reading and filing the affirmation of Jared P. Hirt, Esq., dated July 14, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: August 4, 2011

Patricia L. Morgan, Clerk