| ELLEN GALLAGHER V EDWARD GALLAGHER |
| Motion No: CA 11-02271 |
| Slip Opinion No: 2011 NY Slip Op 92350(U) |
| Decided on December 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-02271
| ELLEN GALLAGHER, PLAINTIFF-APPELLANT, V EDWARD GALLAGHER,
DEFENDANT-RESPONDENT. |
Defendant having moved to dismiss plaintiff's appeal taken herein from the judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 26, 2011 (CA 11-02271), on the ground that plaintiff has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Elizabeth deV. Moeller, Esq., sworn to November 10, 2011, and November 18, 2011, the notice of motion with proof of service thereof, and the affidavit of Janet M. Richmond, Esq., sworn to November 16, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and plaintiff's appeal is dismissed without further order unless the appeal is perfected on or before January 12, 2012.
Entered: December 9, 2011
Patricia L. Morgan, Clerk