GWENDOLYN DUHART V ROY DUHART
Motion No: CA 14-00937
Slip Opinion No: 2014 NY Slip Op 77143(U)
Decided on July 2, 2014
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 2, 2014

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

DOCKET NO. CA 14-00937

GWENDOLYN DUHART, PLAINTIFF-APPELLANT,

V

ROY DUHART, DEFENDANT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 4, 2011,

Now, upon reading and filing the affirmation of Rosemarie Richards, Esq., dated May 10, 2014, the notice of motion with proof of service thereof, the statement of Dean L. Gordon, Esq, dated May 20, 2014, and the affidavit of Dean L. Gordon, Esq., sworn to June 20, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).

Entered: July 2, 2014

Frances E. Cafarell, Clerk