| MICHELLE L. DUKE V BRIAN A. DUKE |
| Motion No: CA 10-01871 |
| Slip Opinion No: 2011 NY Slip Op 91850(U) |
| Decided on December 5, 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 10-01871
| MICHELLE L. DUKE, PLAINTIFF-RESPONDENT, V BRIAN A. DUKE,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 25, 2010,
Now, upon reading and filing the affidavits of Brian A. Duke sworn to November 8, 2011, the notice of motion with proof of service thereof, and the affidavit of Jonathan Schapp, Esq., sworn to November 17, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before January 4, 2012.
Entered: December 5, 2011
Patricia L. Morgan, Clerk