| MICHAEL JAMES OLSEN V LOUIS F. KOZLOWSKI AND SHIRLEY F. KOZLOWSKI |
| Motion No: CA 11-02000 |
| Slip Opinion No: 2011 NY Slip Op 88627(U) |
| Decided on October 31, 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 11-02000
| MICHAEL JAMES OLSEN, PLAINTIFF-RESPONDENT, V LOUIS F.
KOZLOWSKI, DEFENDANT, AND SHIRLEY F. KOZLOWSKI, DEFENDANT-APPELLANT. |
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 Oneida on April 25, 2011, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered April 25, 2011,
Now, upon reading and filing the affirmation of Robert A. Quattrocci, Esq., dated September 29, 2011, the affidavit of Kenneth L. Bobrow, Esq., sworn to October 6, 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 motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before December 30, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: October 31, 2011
Patricia L. Morgan, Clerk