| JUSTIN M. SHUBBUCK V SEAN W. CONNERS AND DENISE M. SABUDA |
| Motion No: CA 09-01104 |
| Slip Opinion No: 2009 NY Slip Op 82304(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 09-01104
| JUSTIN M. SHUBBUCK, PLAINTIFF-RESPONDENT, V SEAN W. CONNERS
AND DENISE M. SABUDA, DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 30, 2008, and respondent having cross-moved to dismiss the appeal for failure to perfect timely,
Now, upon reading and filing the affirmation of Melissa M. Murphy dated August 14, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Wayne C. Felle dated August 27, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Melissa M. Murphy dated August 28, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that the second ordering paragraph of the order of this Court entered June 17, 2009 is hereby amended by deleting the date August 17, 2009 and inserting in its place the date October 16, 2009.
Entered: September 1, 2009
Patricia L. Morgan, Clerk