| DANIEL BRYNDLE V SAFETY-KLEEN SYSTEMS, INC. |
| Motion No: CA 08-01735 |
| Slip Opinion No: 2008 NYSlipOp 83390(U) |
| Decided on September 15, 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 08-01735
| DANIEL BRYNDLE, PLAINTIFF-APPELLANT, V SAFETY-KLEEN SYSTEMS,
INC., DEFENDANT-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 November 15, 2007,
Now, upon reading and filing the affidavit of Carly Wilsman Speyer sworn to August 15, 2008, the notice of motion with proof of service thereof, the opposing affidavit of K. John Bland sworn to September 8, 2008, the reply affidavit of Carly Wilsman Speyer sworn to September 10, 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 November 7, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 15, 2008
JoAnn M. Wahl, Clerk