| JOSEPH MATTELIANO AND CHRIS VOGELSANG V JOSEPH J. SKITKZI AND MELISSA NEAL |
| Motion No: CA 10-00063 |
| Slip Opinion No: 2010 NY Slip Op 62013(U) |
| Decided on January 19, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00063
| JOSEPH MATTELIANO AND CHRIS VOGELSANG,
PLAINTIFFS-RESPONDENTS, V JOSEPH J. SKITKZI AND MELISSA NEAL, DEFENDANTS-APPELLANTS. |
Appellant having moved for an extension of time to perfect the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 5, 2009,
Now, upon reading and filing the affidavit of Michael W. Cole sworn to December 31, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Joseph J. Manna sworn to January 6, 2010, 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 18, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 19, 2010
Patricia L. Morgan, Clerk