| CANDACE SUNDBY V TERRY R. KAY AND JEAN S. KAY |
| Motion No: CA 08-01816 |
| Slip Opinion No: 2008 NYSlipOp 82327(U) |
| Decided on September 8, 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 08-01816
| CANDACE SUNDBY, PLAINTIFF-APPELLANT, V TERRY R. KAY AND JEAN
S. KAY, 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 Seneca on November 7, 2007,
Now, upon reading and filing the affidavit of A. Vincent Buzard sworn to August 25, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Michael D. Pinnisi sworn to August 29, 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 October 27, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 8, 2008
JoAnn M. Wahl, Clerk