| MARK F. GRAVES, JR. V JESSICA R. HUFF MARK F. GRAVES, JR. V JESSICA R. HUFF FORMERLY KNOWN AS JESSICA R. GRAVES |
| Motion No: CA 17-00093 |
| Slip Opinion No: 2018 NY Slip Op 64822(U) |
| Decided on February 21, 2018 |
| 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 17-00093
DOCKET NO. CA 17-02033
| MARK F. GRAVES, JR., PLAINTIFF-APPELLANT, V JESSICA R. HUFF,
DEFENDANT-RESPONDENT. (APPEAL NO. 1.) MARK F. GRAVES, JR., PLAINTIFF-APPELLANT, V JESSICA R. HUFF FORMERLY KNOWN AS JESSICA
R. GRAVES, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
Appellant having moved to vacate dismissal of 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 7, 2016 (appeal No. 1), and for an extension of time to perfect the appeal taken herein from an orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 5, 2017 (appeal No. 2),
Now, upon reading and filing the affirmation of James A. Hobbs, Esq., dated February 2, 2018, the notice of motion with proof of service thereof, and the affirmation of Maureen A. Pineau, Esq., dated February 9, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 1 is granted to the extent that the first ordering paragraph of the order of this Court entered December 6, 2017, is hereby amended by deleting the date February 5, 2018, and inserting in its place the date April 9, 2018, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: February 21, 2018
Mark W. Bennett, Clerk