| THOMAS J. SMOLINSKI V MATTHEW A. SMOLINSKI FORD MOTOR CREDIT COMPANY |
| Motion No: CA 08-02659 |
| Slip Opinion No: 2009 NY Slip Op 75468(U) |
| Decided on June 16, 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, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 08-02659
| THOMAS J. SMOLINSKI, PLAINTIFF-RESPONDENT, V MATTHEW A.
SMOLINSKI, DEFENDANT, FORD MOTOR CREDIT COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 1, 2008, and for other relief,
Now, upon reading and filing the affidavit of Paul Morrison-Taylor sworn to May 7, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated May 29, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that appellant shall perfect the appeal on or before August 17, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and the motion is otherwise denied.
Entered: June 16, 2009
Patricia L. Morgan, Clerk