JOSEPH GENTILE V CAROL GENTILE
Motion No: CA 09-02306
Slip Opinion No: 2009 NY Slip Op 93091(U)
Decided on December 30, 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.


December 30, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 09-02306

JOSEPH GENTILE, PLAINTIFF-APPELLANT,

V

CAROL GENTILE, DEFENDANT-RESPONDENT.


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 January 15, 2009,

Now, upon reading and filing the affidavit of Michael W. Rickard, II sworn to November 10, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jennifer A. Hemming sworn to November 20, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before January 29, 2010 (see 22 NYCRR 1000.13 [g]).

Entered: December 30, 2009

Patricia L. Morgan, Clerk