STEPHEN DRABCZYK, EXECUTOR OF THE ESTATE OF RONALD DRABCZYK, DECEASED V FISHER CONTROLS INTERNATIONAL, LLC, - .
Motion No: CA 10-01829
Slip Opinion No: 2010 NY Slip Op 83060(U)
Decided on September 17, 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.


September 17, 2010

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

DOCKET NO. CA 10-01829

STEPHEN DRABCZYK, EXECUTOR OF THE ESTATE OF RONALD

DRABCZYK, DECEASED, PLAINTIFF-RESPONDENT,

V

FISHER CONTROLS INTERNATIONAL, LLC, DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


Appellant having moved for an 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 Erie on September 29, 2009,

Now, upon reading and filing the affidavit of Lawrence J. Vilardo, Esq. sworn to September 1, 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 November 22, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 17, 2010

Patricia L. Morgan, Clerk