CREEK VENTURES, LLC V WORLD PARTS, LLC
Motion No: CA 07-02243
Slip Opinion No: 2007 NYSlipOp 83155(U)
Decided on November 7, 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.


November 7, 2007

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

DOCKET NO. CA 07-02243

CREEK VENTURES, LLC, PLAINTIFF-APPELLANT,

V

WORLD PARTS, LLC, DEFENDANT.



RICHARD S. MASSARO, JR., RESPONDENT.


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 Erie on

February 5, 2007,

Now, upon reading and filing the affidavit of Gregory Zini sworn to October 24, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Andrew O. Miller dated November 1, 2007, 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 7, 2007 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 7, 2007

JoAnn M. Wahl, Clerk