| JOSEPH A. CATANZARO V TOWN OF LEWISTON AND DOUGLAS E. BURNETT |
| Motion No: CA 09-01979 |
| Slip Opinion No: 2009 NY Slip Op 85848(U) |
| Decided on October 13, 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 09-01979
| JOSEPH A. CATANZARO, PLAINTIFF-APPELLANT, V TOWN OF LEWISTON
AND DOUGLAS E. BURNETT, DEFENDANTS-RESPONDENTS. |
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 Niagara on November 21, 2008,
Now, upon reading and filing the affidavit of John J. Fromen sworn to September 25, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Kevin D. Walsh sworn to October 7, 2009, the reply affidavit of John J. Fromen sworn to October 9, 2009, 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 December 14, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 13, 2009
Patricia L. Morgan, Clerk