IN THE MATTER OF THE ARBITRATION BETWEEN MERCEDES-BENZ, , AND CONRAD S. MIKULEC, .
Motion No: CA 08-02624
Slip Opinion No: 2009 NYSlipOp 60747(U)
Decided on January 12, 2009
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.


January 12, 2009

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

DOCKET NO. CA 08-02624

IN THE MATTER OF THE ARBITRATION BETWEEN MERCEDES-BENZ,

PETITIONER-RESPONDENT-APPELLANT,

AND

CONRAD S. MIKULEC, RESPONDENT-PETITIONER-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 18, 2008,

Now, upon reading and filing the affirmation of Jeffrey J. Signor dated December 18, 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 April 9, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 12, 2009

JoAnn M. Wahl, Clerk