| DIANE SMITH V NIAGARA FALLS HOUSING AUTHORITY |
| Motion No: CA 09-02179 |
| Slip Opinion No: 2010 NY Slip Op 62025(U) |
| Decided on January 20, 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 09-02179
| DIANE SMITH, PLAINTIFF-APPELLANT, V NIAGARA FALLS HOUSING
AUTHORITY, 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 Niagara on September 23, 2009, and for such other relief, and respondent having moved to dismiss the appeal for failure to perfect,
Now, upon reading and filing the affidavits of Diane Smith sworn to December 28, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael J. Garvey sworn to January 8, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for an extension of time is granted, and appellant shall perfect the appeal on or before March 22, 2010, and in the event of failure to perfect, the appeal is hereby dismissed without further order, and the motion is otherwise denied, and
It is further ORDERED that the motion to dismiss, and the same hereby is, denied as unnecessary.
Entered: January 20, 2010
Patricia L. Morgan, Clerk