PETER G. DAVIDSON AND MARY J. DAVIDSON V STRAIGHT LINE CONTRACTORS, INC. , KARLA V. GERRIE
Motion No: CA 09-02319
Slip Opinion No: 2009 NY Slip Op 89709(U)
Decided on November 23, 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 23, 2009

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

DOCKET NO. CA 09-02319

PETER G. DAVIDSON AND MARY J. DAVIDSON,

PLAINTIFFS-RESPONDENTS,

V

STRAIGHT LINE CONTRACTORS, INC., ET AL., DEFENDANTS,

KARLA V. GERRIE, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 19, 2009,

Now, upon reading and filing the affirmation of Robert S. Attardo dated November 13, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Janice M. Iati sworn to November 19, 2009, the opposing affirmation of Kyle C. Reeb dated November 20, 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 January 22, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 23, 2009

Patricia L. Morgan, Clerk