CHRIS FITCH V BRIAN J. MEAD
Motion No: CA 09-00331
Slip Opinion No: 2009 NYSlipOp 64607(U)
Decided on February 24, 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.


February 24, 2009

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

DOCKET NO. CA 09-00331

CHRIS FITCH, PLAINTIFF-APPELLANT,

V

BRIAN J. MEAD, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 22, 2008,

Now, upon reading and filing the affirmation of Martin J. Kehoe, III dated February 9, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Vaughn D. Lang sworn to February 17, 2009, the reply affirmation of Martin J. Kehoe dated February 20, 2009, the reply affidavit of Christina M. Fitch sworn to February 20, 2009, 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 24, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 24, 2009

JoAnn M. Wahl, Clerk