CHRISTOPHER OURSLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JULIE OURSLER, DECEASED V ROBERT E. BRENNAN
Motion No: CA 08-01231
Slip Opinion No: 2008 NYSlipOp 91617(U)
Decided on December 3, 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.


December 3, 2008

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

DOCKET NO. CA 08-01231

CHRISTOPHER OURSLER, INDIVIDUALLY AND AS ADMINISTRATOR OF

THE ESTATE OF JULIE OURSLER, DECEASED, PLAINTIFF-APPELLANT,

V

ROBERT E. BRENNAN, DEFENDANT-APPELLANT, MALBEAT, INC.,

DOING BUSINESS AS MALLWITZ'S ISLAND LANES, COUNTY OF ERIE

AND TOWN OF GRAND ISLAND, DEFENDANTS-RESPONDENTS.


Appellants having moved for extensions of time to perfect the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 14, 2008,

Now, upon reading and filing the affirmation of Debra A. Norton dated November 7, 2008, the affirmation of Joseph W. Dunbar dated November 18, 2008, the notices of motion with proof of service thereof, the opposing affidavit of Patricia Stroman Walker sworn to November 10, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted and plaintiff shall perfect his appeal on or before February 2, 2009, and defendant Brennan shall perfect his appeal on or before March 4, 2009, and in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Memorandum: No further extensions to perfect will be granted.

Entered: December 3, 2008

JoAnn M. Wahl, Clerk