| THOMAS V. CASE V ANTONE R. CASE, CASE BROS., A NEW YORK PARTNERSHIP, D/B/A TC PACKING COMPANY, WYOMING COUNTY BANK |
| Motion No: CA 10-00567 |
| Slip Opinion No: 2010 NY Slip Op 67228(U) |
| Decided on March 29, 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 10-00567
| THOMAS V. CASE, PLAINTIFF-APPELLANT, V ANTONE R. CASE, CASE
BROS., A NEW YORK PARTNERSHIP, D/B/A TC PACKING COMPANY, WYOMING COUNTY BANK,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for his first 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 Livingston on July 30, 2009,
Now, upon reading and filing the affirmation of Gerard F. Norton dated March 11, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant shall perfect the appeal on or before May 28, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 29, 2010
Patricia L. Morgan, Clerk