| ADA RODRIGUEZ V WESTERN REGIONAL OFF-TRACK BETTING CORPORATION |
| Motion No: CA 09-02342 |
| Slip Opinion No: 2009 NY Slip Op 90776(U) |
| Decided on December 7, 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 09-02342
| ADA RODRIGUEZ, PLAINTIFF-RESPONDENT, V WESTERN REGIONAL
OFF-TRACK BETTING CORPORATION, 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 Erie on August 11, 2009,
Now, upon reading and filing the affirmation of Brian MacDonald dated November 16, 2009, the notice of 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 5, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 7, 2009
Patricia L. Morgan, Clerk