DIANE E. MARFONE V LAWRENCE S. MARFONE
Motion No: CA 13-01087
Slip Opinion No: 2013 NY Slip Op 79281(U)
Decided on July 8, 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.


July 8, 2013

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

DOCKET NO. CA 13-01087
Index No: D2011-046532

DIANE E. MARFONE, PLAINTIFF-RESPONDENT,

V

LAWRENCE S. MARFONE, DEFENDANT-APPELLANT.


Appellant having moved, pursuant to CPLR 5520 (a), for an extension of time to serve his timely filed notice of appeal from a judgment of Supreme Court entered in the Office of the Clerk of the County of Oneida on March 8, 2013,

Now, upon reading and filing the statement of Clifford C. Eisenhut dated June 6, 2013, and affirmation dated June 11, 2013, 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 granted, and the appeal is deemed to have been timely served on June 4, 2013.

Entered: July 8, 2013

Frances E. Cafarell, Clerk