Opinion
Motion No: CA 11-01465
08-04-2011
SUSAN v. SIZEMORE, PLAINTIFF-RESPONDENT-APPELLANT, v. RICK L. SIZEMORE, DEFENDANT-APPELLANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiff having moved to dismiss defendant's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 24, 2011, on the ground that defendant has failed to perfect timely the appeal, and plaintiff having separately moved for an extension of time to perfect her cross appeal from the same order,
Now, upon reading and filing the affidavits of David B. Smith, Esq., sworn to July 18, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss defendant's appeal is granted, and the appeal is dismissed without costs, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the cross appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Patricia L. Morgan, Clerk