| KATHERINE D. KURCH AND DAVID KURCH V WAL-MART STORES, INC. |
| Motion No: CA 09-01475 |
| Slip Opinion No: 2009 NY Slip Op 81415(U) |
| Decided on August 3, 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 09-01475
| KATHERINE D. KURCH AND DAVID KURCH, PLAINTIFFS-RESPONDENTS, V
WAL-MART STORES, INC., 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 Erie on May 19, 2009,
Now, upon reading and filing the affirmation of Spencer L. Ash dated July 17, 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 September 17, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 3, 2009
Patricia L. Morgan, Clerk