| LE ROI C. JOHNSON V SIEGEL, KELLEHER & KAHN AND DENNIS A. KAHN |
| Motion No: CA 08-02307 |
| Slip Opinion No: 2008 NYSlipOp 93328(U) |
| Decided on December 29, 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 08-02307
| LE ROI C. JOHNSON, PLAINTIFF-APPELLANT, V SIEGEL, KELLEHER &
KAHN AND DENNIS A. KAHN, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 16, 2007,
Now, upon reading and filing the affidavit of LeRoi C. Johnson sworn to November 5, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Andrew O. Miller dated December 19, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before January 29, 2009 (see 22 NYCRR 1000.13 [g]).
Entered: December 29, 2008
JoAnn M. Wahl, Clerk