| PAUL FOTI V GINA FOTI |
| Motion No: CA 13-00358 |
| Slip Opinion No: 2013 NY Slip Op 67372(U) |
| Decided on March 12, 2013 |
| 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, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00358
| PAUL FOTI, PLAINTIFF-APPELLANT, V GINA FOTI,
DEFENDANT-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 April 4, 2012,
Now, upon reading and filing the affirmation of Joan de R. O'Byrne, Esq., dated February 21, 2013, the notice of motion with proof of service thereof, and the affirmation of Stephen M. Jacobstein, Esq., received March 7, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before May 13, 2013.
Entered: March 12, 2013
Frances E. Cafarell, Clerk