| IN THE MATTER OF DONNELL JEFFERSON V JOSHUA STUBBE |
| Motion No: CA 11-02452 |
| Slip Opinion No: 2012 NY Slip Op 86180(U) |
| Decided on September 27, 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, to extend the time to file the notice of appeal, and for an order directing the Monroe County Clerk to file the notice of appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 30, 2011,
Now, upon reading and filing the affidavit of Donnell Jefferson sworn to August 31, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before November 26, 2012, and
It is further ORDERED that the motion insofar as it seeks to extend the time to file the notice of appeal is granted and the appeal is deemed to be timely taken (see CPLR 5520 [a]), and
It is further ORDERED that the motion insofar as it seeks an order directing the Monroe County Clerk to file the notice of appeal is dismissed as moot.
Entered: September 27, 2012
Frances E. Cafarell, Clerk