| MICHAEL J. SCARBOROUGH, JR., AS ADMINISTRATOR OF THE ESTATE OF MICHAEL J. SCARBOROUGH, SR., DECEASED, V NAPOLI, KAISER |
| Motion No: CA 08-01565 |
| Slip Opinion No: 2008 NYSlipOp 92399(U) |
| Decided on December 11, 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 08-01565
| MICHAEL J. SCARBOROUGH, JR., AS ADMINISTRATOR OF THE ESTATE OF
MICHAEL J. SCARBOROUGH, SR., DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, V NAPOLI, KAISER & BERN, LLP, JEFFREY R. GUZMAN
AND STEVEN KRENTSEL, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS. |
Plaintiff having moved for an extension of time to file and serve his responding brief and perfect his cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on February 15, 2008,
Now, upon reading and filing the affidavit of Michael J. Hutter sworn to November 25, 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 plaintiff shall perfect the cross appeal and file and serve his responding brief on or before January 9, 2009 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: December 11, 2008
JoAnn M. Wahl, Clerk