| DAVID J. SMITH, V NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC., AND EUGENE B. JENKINS, . |
| Motion No: CA 09-01804 |
| Slip Opinion No: 2009 NY Slip Op 84154(U) |
| Decided on September 21, 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 09-01804
| DAVID J. SMITH, PLAINTIFF-RESPONDENT-APPELLANT, V NIAGARA
FRONTIER TRANSIT METRO SYSTEM, INC., AND EUGENE B. JENKINS,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Appellants-respondents 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 December 10, 2008,
Now, upon reading and filing the affirmation of Thomas J. Speyer dated September 1, 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 appellants-respondents shall perfect the appeal on or before December 4, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 21, 2009
Patricia L. Morgan, Clerk