BENEFICIAL NEW YORK, INC. V JERRY HUNTER
Motion No: CA 08-02259
Slip Opinion No: 2008 NYSlipOp 89476(U)
Decided on November 17, 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.


November 17, 2008

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

DOCKET NO. CA 08-02259

BENEFICIAL NEW YORK, INC., PLAINTIFF-APPELLANT,

V

JERRY HUNTER, 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 Monroe on January 15, 2008,

Now, upon reading and filing the affidavit of Christopher P. Langlois sworn to October 30, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Theodore S. Kantor sworn to November 7, 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 January 16, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 17, 2008

JoAnn M. Wahl, Clerk