| TIMOTHY F. HISTED V JUDY A. HISTED |
| Motion No: CA 14-00097 |
| Slip Opinion No: 2016 NY Slip Op 62658(U) |
| Decided on January 25, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-00097
| TIMOTHY F. HISTED, PLAINTIFF-APPELLANT, V JUDY A. HISTED,
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 Allegany on March 22, 2013,
Now, upon reading and filing the affidavit of Catherine E. Stuckart, Esq., sworn to January 7, 2016, 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 denied as untimely pursuant to 22 NYCRR 1000.13 (g).
Entered: January 25, 2016
Frances E. Cafarell, Clerk