HARRY CHACON-CHAVEZ V CITY OF ROCHESTER
Motion No: CA 09-02067
Slip Opinion No: 2009 NY Slip Op 87812(U)
Decided on November 2, 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.


November 2, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-02067

HARRY CHACON-CHAVEZ, PLAINTIFF-RESPONDENT,

V

CITY OF ROCHESTER, DEFENDANT-APPELLANT.


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 Monroe on December 29, 2008,

Now, upon reading and filing the affirmation of Jennifer A. Kelleher dated October 13, 2009, the notice of motion with proof of service thereof, the affirmation of Sheldon W. Boyce dated October 28, 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 15, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 2, 2009

Patricia L. Morgan, Clerk