In the Matter of Timothy Bowersox v Prime Time Express Inc. et Workers' Compensation Board.

Motion No: 501399

Slip Opinion No: 2008 NYSlipOp 87356(U)

Decided on October 23, 2008

Appellate Division, Third 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.

Decided and Entered: October 23, 2008

Case # 501399

In the Matter of the Claim of TIMOTHY BOWERSOX, Appellant, v PRIME TIME EXPRESS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal and to confirm the pages of the record on appeal to be deleted.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion to confirm the pages of the record on appeal to be deleted is granted, without costs, to the extent that, as noted in the decision and order of this Court dated and entered August 8, 2008, the following pages of the record on appeal and all references thereto in appellant's brief and appendix are hereby stricken: page 37 entitled "fax cover sheet," page 105 consisting of an outline dated November 2, 2004 that lists the issues for "possible conciliation" and page 127 of a letter dated May 11, 2004 from First Cardinal Corporation, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to November 24, 2008. It is noted that no further extensions of time to perfect the appeal will be granted absent an unanticipated and extraordinary excuse for the delay.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court