| GEORGE EAGAN GINTHER V GREGORY P. PHOTIADIS, ESQ., CHARLES C. RITTER, JR.,ESQ. AND DUKE, HOLZMAN, YAEGER & PHOTIADIS |
| Motion No: CA 08-02389 |
| Slip Opinion No: 2008 NYSlipOp 91649(U) |
| Decided on December 8, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02389
| GEORGE EAGAN GINTHER, PLAINTIFF-APPELLANT, V GREGORY P.
PHOTIADIS, ESQ., CHARLES C. RITTER, JR.,ESQ. AND DUKE, HOLZMAN, YAEGER & PHOTIADIS, LLP,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 14, 2008,
Now, upon reading and filing the affidavit of George Eagan Ginther sworn to November 14, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Robert G. Walsh dated November 26, 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 February 6, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 8, 2008
JoAnn M. Wahl, Clerk