STANLEY E. KALWARA V SAMUEL L. LAMANNA . SAMUEL L. LAMANNA AND CYNTHIA LAMANNA, - V KENNETH FASOLO ALSO KNOW AS
Motion No: CA 08-02282
Slip Opinion No: 2008 NYSlipOp 89496(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 08-02282

STANLEY E. KALWARA, PLAINTIFF,

V

SAMUEL L. LAMANNA, ET AL., DEFENDANTS.

SAMUEL L. LAMANNA AND CYNTHIA LAMANNA,

THIRD-PARTY PLAINTIFFS-RESPONDENTS,

V

KENNETH FASOLO ALSO KNOW AS KENNETH F. FASOLO, SR.,

ET AL. THIRD-PARTY DEFENDANTS, AND

ABN AMRO MORTGAGE GROUP, INC., THIRD-PARTY DEFENDANT APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 1, 2008,

Now, upon reading and filing the affirmation of Melvin Bressler dated October 30, 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 January 20, 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