| TIMOTHY F. HISTED V JUDY A. HISTED |
| Motion No: CA 14-00097 |
| Slip Opinion No: 2014 NY Slip Op 83828(U) |
| Decided on September 12, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00097
| TIMOTHY F. HISTED, PLAINTIFF-APPELLANT, V JUDY A.
HISTED, DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Allegany on March 22, 2013,
Now, upon reading and filing the affidavit of Catherine E. Stuckart, Esq., sworn to August 1, 2014, 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 dismissed without prejudice to a motion to vacate dismissal of the appeal.
Entered: September 12, 2014
Frances E. Cafarell, Clerk