| STATE OF NEW YORK V TERRY KEAR, JERRY MICHAEL KEAR, AND SANDBURG OIL CO., INC. GRIFFITH OIL CO., INC. |
| Motion No: CA 10-01230 |
| Slip Opinion No: 2010 NY Slip Op 75887(U) |
| Decided on June 28, 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 10-01230
| STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V TERRY KEAR, JERRY
MICHAEL KEAR, AND SANDBURG OIL CO., INC., DEFENDANTS, GRIFFITH OIL CO., INC., DEFENDANT-APPELLANT. |
Appellant having moved for a 90-day 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 Allegany on March 18, 2010,
Now, upon reading and filing the affirmation of Amanda R. Insalaco, Esq. dated June 3, 2010, the notice of motion with proof of service thereof, the statement of J. Michael Shane, Esq. dated June 10, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see NYCRR 1000.12).
Entered: June 28, 2010
Patricia L. Morgan, Clerk