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

DOCKET NO. CA 10-00569

HOWLETT FARMS, INC., PLAINTIFF-RESPONDENT, V WAYNE FESSNER, AND WAYNE FESSNER D/B/A F & W FARMS, DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to file the notice of appeal taken from an order of the Supreme Court, entered in the Office of the Clerk of the County of Livingston on May 22, 2009, for an order deeming the appeal taken herein to have also been taken from the judgment entered in the Office of the Clerk of the County of Livingston on May 22, 2009, and for an extension of time to perfect the appeal taken herein,

Now, upon reading and filing the affirmation of Jeffrey J. Babcok, Esq. dated March 6, 2010, the notice of motion with proof of service thereof, the affirmation of David L. Rasmussen, Esq. dated March 16, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it requests an extension of time to file the notice of appeal is granted, and appellant has 30 days from the service of a copy of this order with notice of entry to file a notice of appeal with the Livingston County Clerk (see CPLR 5520 [a]), and

It is further ORDERED that the motion insofar as it seeks to have the appeal deemed to be taken from the judgment is granted, and the appeal is deemed to have also been taken from the judgment entered May 22, 2009 (see CPLR 5520 [c]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before May 30, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 20, 2010

Patricia L. Morgan, Clerk