MARK BECK V SPINNER'S RECREATIONAL CENTER, INC., MIK-JEN, INC., DOING BUSINESS AS ISLAND FUN CENTER, BRIAN JUDGE AND
Motion No: CA 09-00021
Slip Opinion No: 2010 NY Slip Op 64225(U)
Decided on February 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.


February 19, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 09-00021

MARK BECK, PLAINTIFF-APPELLANT,

V

SPINNER'S RECREATIONAL CENTER, INC., MIK-JEN, INC., DOING

BUSINESS AS ISLAND FUN CENTER, BRIAN JUDGE AND

KEVIN JUDGE, DEFENDANTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2008,

Now, upon reading and filing the affirmation of Kenneth P. Bernas dated January 27, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Jennifer L. Rodgers dated February 4, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall file the original and ten copies of the stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before April 20, 2010, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Memorandum: No further extensions will be granted.

Entered: February 19, 2010

Patricia L. Morgan, Clerk