| ANTHONY SAMUEL TOTA V WCA GROUP, INC. AND JOHN MICHAEL KERNS |
| Motion No: CA 10-02173 |
| Slip Opinion No: 2010 NY Slip Op 91685(U) |
| Decided on December 16, 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 10-02173
| ANTHONY SAMUEL TOTA, PLAINTIFF-APPELLANT, V WCA GROUP, INC.,
DEFENDANT-RESPONDENT, AND JOHN MICHAEL KERNS, DEFENDANT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on July 27, 2010,
Now, upon reading and filing the affidavits of Anthony Samuel Tota sworn to October 29, 2010, and November 23, 2010, the notice of motion with proof of service thereof, and the affirmation of Randy C. Mallaber, Esq. dated November 3, 2010, 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 February 14, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 16, 2010
Patricia L. Morgan, Clerk