| RICHARD J. WELCH, V MARIE A. WELCH, . |
| Motion No: CA 10-02408 |
| Slip Opinion No: 2011 NY Slip Op 93502(U) |
| Decided on December 21, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 10-02408
| RICHARD J. WELCH, PLAINTIFF-RESPONDENT-APPELLANT, V MARIE A.
WELCH, DEFENDANT-APPELLANT-RESPONDENT. |
Defendant 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 Monroe on January 21, 2010,
Now, upon reading and filing the affidavit of Jennifer A. Mereau, Esq., sworn to December 1, 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 is denied.
Memorandum: The motion is untimely (see 22 NYCRR 1000.13 [g]).
Entered: December 21, 2011
Patricia L. Morgan, Clerk