| JACOB GRUBER AND LYNN GRUBER V ERIE COUNTY WATER AUTHORITY |
| Motion No: CA 09-01695 |
| Slip Opinion No: 2009 NY Slip Op 82301(U) |
| Decided on September 1, 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 09-01695
| JACOB GRUBER AND LYNN GRUBER, PLAINTIFFS-RESPONDENTS, V ERIE
COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on November 6, 2008,
Now, upon reading and filing the affidavit of Emilio Colaiacovo sworn to August 7, 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 November 10, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 1, 2009
Patricia L. Morgan, Clerk