| IN THE MATTER OF DONNELL JEFFERSON V JOSHUA STUBBE |
| Motion No: CA 11-02452 |
| Slip Opinion No: 2012 NY Slip Op 81658(U) |
| Decided on August 14, 2012 |
| 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 11-02452
| IN THE MATTER OF DONNELL JEFFERSON,
PETITIONER-APPELLANT, V JOSHUA STUBBE, RESPONDENT-RESPONDENT. |
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 Monroe on August 3, 2011,
Now, upon reading and filing the affidavit of Donnell Jefferson sworn to July 12, 2012, the notice of motion with proof of service thereof, and the affirmation of Kristine M. Cahill, Esq., dated July 26, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed with leave to renew upon filing and serving a motion for the same relief that also seeks an extension of time to file the notice of appeal pursuant to CPLR 5520 (a).
Entered: August 14, 2012
Frances E. Cafarell, Clerk