ROY JONES V RENE PETTIES-JONES
Motion No: CA 08-01995
Slip Opinion No: 2008 NYSlipOp 87835(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 08-01995

ROY JONES, PLAINTIFF-APPELLANT,

V

RENE PETTIES-JONES, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 6, 2007,

Now, upon reading and filing the affidavit of Randy S. Margulis sworn to September 24, 2008, the notice of motion with proof of service thereof, 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 December 29, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 27, 2008

JoAnn M. Wahl, Clerk