| MARK BECK V SPINNER'S RECREATIONAL CENTER, INC., MIK-JEN, INC., DOING BUSINESS AS ISLAND FUN CENTER, BRIAN JUDGE AND |
| Motion No: CA 09-00021 |
| Slip Opinion No: 2009 NY Slip Op 85296(U) |
| Decided on September 30, 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 09-00021
| MARK BECK, PLAINTIFF-APPELLANT, V SPINNER'S RECREATIONAL
CENTER, INC., MIK-JEN, INC., DOING BUSINESS AS ISLAND FUN CENTER, BRIAN JUDGE AND KEVIN JUDGE,
DEFENDANTS-RESPONDENTS. |
Appellant 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 December 10, 2008, and respondents having cross-moved to dismiss the appeal for failure to perfect timely,
Now, upon reading and filing the affirmation of Kenneth P. Bernas dated September 9, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Philip M. Gulisano dated September 14, 2009, the notice of cross motion with proof of service thereof, 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 appellant shall perfect the appeal on or before December 1, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 30, 2009
Patricia L. Morgan, Clerk