| MAURICA TALLARIDA V CITY OF CORNING AND JEFFREY HEVERLY |
| Motion No: CA 09-01968 |
| Slip Opinion No: 2009 NY Slip Op 86638(U) |
| Decided on October 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 09-01968
| MAURICA TALLARIDA, PLAINTIFF-APPELLANT, V CITY OF CORNING AND
JEFFREY HEVERLY, 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 Steuben on December 10, 2008, and respondents having cross-moved to dismiss the appeal on the ground that no appeal lies from the order,
Now, upon reading and filing the affirmation of Melvin Bressler dated September 22, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Andrew J. Schwab dated September 30, 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 be, and the same hereby is, granted and appellant shall perfect the appeal on or before February 24, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: October 21, 2009
Patricia L. Morgan, Clerk