| JUSTIN JOHN V C.R. KLEWIN NORTHEAST, LLC |
| Motion No: CA 10-02516 |
| Slip Opinion No: 2011 NY Slip Op 63033(U) |
| Decided on February 1, 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 10-02516
| JUSTIN JOHN, PLAINTIFF, V C.R. KLEWIN NORTHEAST, LLC,
DEFENDANT-RESPONDENT. KLEWIN BUILDING CO., INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V JOS. A. SANDERS & SONS,
INC., THIRD-PARTY DEFENDANT-APPELLANT. |
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 25, 2010,
Now, upon reading and filing the affirmation of James H. Cosgriff, III, Esq. dated December 23, 2010, the notice of motion with proof of service thereof, and the affirmation of John Wallace, Esq. dated January 3, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant shall perfect the appeal on or before March 1, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 1, 2011
Patricia L. Morgan, Clerk