THOMAS J. TUDISCO V DAWNMARIE MINCER
Motion No: CA 14-01305
Slip Opinion No: 2014 NY Slip Op 81146(U)
Decided on August 18, 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.


August 18, 2014

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

DOCKET NO. CA 14-01305

THOMAS J. TUDISCO, PLAINTIFF-APPELLANT,

V

DAWNMARIE MINCER, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 30, 2013, and

Respondent having cross-moved for dismissal of the appeal for failure to perfect timely the appeal,

Now, upon reading and filing the affirmations of Steven M. Beckerman, Esq., dated July 23, 2014, and August 7, 2014, the notice of motion with proof of service thereof, and the affirmation of Mark M. Greisberger, Esq., received August 4, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is granted, and appellant shall perfect the appeal on or before September 26, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that respondent's cross motion is dismissed.

Entered: August 18, 2014

Frances E. Cafarell, Clerk