| BASS DEVELOPMENT OF NEW YORK, INC. V NEIL D. BAISCH , AND SODUS MARINA, LLC |
| Motion No: CA 09-00397 |
| Slip Opinion No: 2009 NYSlipOp 65577(U) |
| Decided on March 2, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00397
| BASS DEVELOPMENT OF NEW YORK, INC., PLAINTIFF-RESPONDENT, V
NEIL D. BAISCH, ET AL., DEFENDANTS, AND SODUS MARINA, LLC, DEFENDANT-APPELLANT. |
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 Wayne on May 30, 2008,
Now, upon reading and filing the affidavit of Mark A. Costello sworn to February 19, 2009, 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 May 26, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 2, 2009
JoAnn M. Wahl, Clerk