| MICHAEL MELENDEZ V JAMES L. BERBARY |
| Motion No: CA 10-00954 |
| Slip Opinion No: 2011 NY Slip Op 60277(U) |
| Decided on January 5, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00954
| MICHAEL MELENDEZ, PETITIONER-APPELLANT, V JAMES L. BERBARY,
RESPONDENT-RESPONDENT. |
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 Erie on February 18, 2010,
Now, upon reading and filing the affidavit of Michael Melendez sworn to December 9, 2010, and 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 to the extent that the third ordering paragraph of the order of this Court entered October 29, 2010, is hereby amended by deleting the date December 10, 2010, and inserting in its place the date March 7, 2011.
Entered: January 5, 2011
Patricia L. Morgan, Clerk