| JANE F. DEPERNO V DANIEL W. DEPERNO |
| Motion No: CA 15-00543 |
| Slip Opinion No: 2016 NY Slip Op 77487(U) |
| Decided on June 21, 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 15-00543
| JANE F. DEPERNO, PLAINTIFF-RESPONDENT, V DANIEL W. DEPERNO,
DEFENDANT-APPELLANT. |
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 Niagara on February 18, 2015,
Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to May 20, 2016, the notice of motion with proof of service thereof, and the affidavit of Edward J. Martin, Esq., sworn to May 31, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: June 21, 2016
Frances E. Cafarell, Clerk