DAVID SCHERR V CITY OF LACKAWANA
Motion No: CA 10-00910
Slip Opinion No: 2010 NY Slip Op 70528(U)
Decided on May 4, 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.


May 4, 2010

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

DOCKET NO. CA 10-00910

DAVID SCHERR, PLAINTIFF-APPELLANT,

V

CITY OF LACKAWANA, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken herein from and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 17, 2009,

Now, upon reading and filing the affirmation of Richard J. Sherwood, Esq. dated April 16, 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 and appellant shall perfect the appeal on or before July 6, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 4, 2010

Patricia L. Morgan, Clerk