| MATTER OF DWAYNE MCNALLY V ELIZABETH MCNALLY |
| Motion No: CAF 12-01671 |
| Slip Opinion No: 2013 NY Slip Op 84916(U) |
| Decided on September 4, 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., CENTRA, LINDLEY, SCONIERS, AND VALENTINO, JJ.
APPELLATE DIVISION DOCKET NO. CAF 12-01671
DOCKET NO. V-255-11-12A
| MATTER OF DWAYNE MCNALLY,
PETITIONER-RESPONDENT, V ELIZABETH MCNALLY, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Onondaga County, entered in the Office of the Clerk of said Court on August 9, 2012, or, in the alternative, for an extension of time to file a responsive brief,
Now, upon reading and filing the affirmation of James P. Roman, Esq., dated August 2, 2013, the notice of motion with proof of service thereof, and the affirmation of Kristen McDermott, Esq., dated August 22, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file a responsive brief is granted on condition that petitioner-respondent submit ten copies of his brief to the Court, together with proof of service, on or before October 4, 2013, and the Clerk is directed to accept said briefs for filing.
Entered: September 4, 2013
FRANCES E. CAFARELL, Clerk