| ROBERT J. PELC DOING BUSINESS AS RITE JOBS PERFORMED V F. STEVEN BERG AND SANDRA BERG |
| Motion No: CA 09-00523 |
| Slip Opinion No: 2009 NYSlipOp 67035(U) |
| Decided on March 17, 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 09-00523
| ROBERT J. PELC DOING BUSINESS AS RITE JOBS PERFORMED,
PLAINTIFF-APPELLANT, V F. STEVEN BERG AND SANDRA BERG, DEFENDANTS-RESPONDENTS. |
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 May 21, 2008,
Now, upon reading and filing the affidavit of Daniel E. Sarzynski sworn to March 6, 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 June 2, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 17, 2009
JoAnn M. Wahl, Clerk