JOHN T. SIWULA V TOWN OF HORNELLSVILLE AND RAYMOND KRING, INDIVIDUALLY AND AS SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF

JOHN T. SIWULA V TOWN OF HORNELLSVILLE AND RAYMOND KRING, INDIVIDUALLY AND AS SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF

Motion No: CA 07-00382

Slip Opinion No: 2007 NYSlipOp 80418(U)

Decided on October 9, 2007

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.

October 9, 2007

PRESENT: HURLBUTT, J.P., GORSKI, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-00382

JOHN T. SIWULA, PLAINTIFF-APPELLANT,
V
TOWN OF HORNELLSVILLE AND RAYMOND KRING, INDIVIDUALLY AND
AS SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF HORNELLSVILLE,
DEFENDANTS-RESPONDENTS.

Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 18, 2006,

Now, upon reading and filing the affidavit of John T. Siwula sworn to

September 21, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before December 10, 2007 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 9, 2007

JoAnn M. Wahl, Clerk