CAROL RIDER, FORMERLY KNOWN AS OLMSTEAD V TODD OLMSTEAD
Motion No: CA 11-02339
Slip Opinion No: 2011 NY Slip Op 92354(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.


December 9, 2011

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

DOCKET NO. CA 11-02339

CAROL RIDER, FORMERLY KNOWN AS OLMSTEAD,

PLAINTIFF-RESPONDENT,

V

TODD OLMSTEAD, DEFENDANT-APPELLANT.


Appellant having moved for an 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 Monroe on August 18, 2009,

Now, upon reading and filing the affidavit of James P. Vacca, Esq., sworn to November 18, 2011, the notice of motion with proof of service thereof, and the affirmation of Francis C. Affronti, Esq., dated December 1, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.12 [b]; 1000.13 [g]).

Entered: December 9, 2011

Patricia L. Morgan, Clerk