| SUSAN V. SIZEMORE, V RICK L. SIZEMORE, . |
| Motion No: CA 11-01465 |
| Slip Opinion No: 2011 NY Slip Op 80584(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01465
| SUSAN V. SIZEMORE, PLAINTIFF-RESPONDENT-APPELLANT, V RICK L.
SIZEMORE, DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiff having moved to dismiss defendant's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 24, 2011, on the ground that defendant has failed to perfect timely the appeal, and plaintiff having separately moved for an extension of time to perfect her cross appeal from the same order,
Now, upon reading and filing the affidavits of David B. Smith, Esq., sworn to July 18, 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 insofar as it seeks to dismiss defendant's appeal is granted, and the appeal is dismissed without costs, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the cross appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: August 4, 2011
Patricia L. Morgan, Clerk