| PATRICK G. FULLER, V PHILIP R. SPIESZ AND MARGARET SPIESZ, . |
| Motion No: CA 07-02626 |
| Slip Opinion No: 2008 NYSlipOp 61279(U) |
| Decided on January 14, 2008 |
| 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-02626
| PATRICK G. FULLER, PLAINTIFF-RESPONDENT-APPELLANT, V PHILIP R.
SPIESZ AND MARGARET SPIESZ, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Respondent-appellant having moved for an extension of time to perfect the cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 24, 2007,
Now, upon reading and filing the affidavit of Murray N. Caplan sworn to
January 7, 2008, 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 respondent-appellant shall perfect the cross appeal by filing and serving his brief on or before February 15, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before March 3, 2008.
Entered: January 14, 2008
JoAnn M. Wahl, Clerk