JANET CARDULLA V GALYANS TRADING COMPANY, INC.
Motion No: CA 08-01975
Slip Opinion No: 2008 NYSlipOp 87820(U)
Decided on October 27, 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.


October 27, 2008

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

DOCKET NO. CA 08-01975

JANET CARDULLA, ET AL., PLAINTIFF,

V

GALYANS TRADING COMPANY, INC., DEFENDANT,



WILLIAM K. MATTAR, P.C., APPELLANT,

BROWN CHIARI, LLP, 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 October 26, 2007,

Now, upon reading and filing the affirmation of Lawrence J. Mattar dated September 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of James M. Mucklewee sworn to October 17, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before November 26, 2008 (see NYCRR 1000.13 [g]).

Entered: October 27, 2008

JoAnn M. Wahl, Clerk