| JEREMY M. MCPHEE V JOHN D. BRUSH, INC., DOING BUSINESS AS SENTRY GROUP, SUED HEREIN AS SENTRY GROUP LLC, DOING BUSINESS |
| Motion No: CA 09-01545 |
| Slip Opinion No: 2009 NY Slip Op 81475(U) |
| Decided on August 18, 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 09-01545
| JEREMY M. MCPHEE, PLAINTIFF, V JOHN D. BRUSH, INC., DOING BUSINESS
AS SENTRY GROUP, SUED HEREIN AS SENTRY GROUP LLC, DOING BUSINESS AS SENTRY SAFE, DEFENDANT. JOHN D. BRUSH, INC., DOING BUSINESS
AS SENTRY GROUP, SUED HEREIN AS SENTRY GROUP LLC, DOING BUSINESS AS SENTRY SAFE, THIRD-PARTY PLAINTIFF-RESPONDENT, V
ELMER W. DAVIS ROOFING COMPANY, THIRD-PARTY 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 Monroe on October 17, 2008,
Now, upon reading and filing the affirmation of Melanie S. Wolk dated July 27, 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 18, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 18, 2009
Patricia L. Morgan, Clerk