GEORGE A. PLESKO V PSC INC. AND SYMBOL TECHNOLOGIES, INC.
Motion No: CA 07-02612
Slip Opinion No: 2008 NYSlipOp 62434(U)
Decided on January 28, 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.


January 28, 2008

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

DOCKET NO. CA 07-02612

GEORGE A. PLESKO, PLAINTIFF-APPELLANT,

V

PSC INC. AND SYMBOL TECHNOLOGIES, INC.,

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 Monroe on February 16, 2007,

Now, upon reading and filing the affirmation of Stewart A. McMillan dated

December 11, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Richard A. Palumbo dated December 28, 2007, the opposing affirmation of Jerauld E. Brydges dated January 24, 2008, the reply affirmation of Stewart A. McMillan dated January 16, 2008, 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 February 28, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 28, 2008

JoAnn M. Wahl, Clerk