| RONALD A. MALACHOWSKI V MARTIN J. DALY |
| Motion No: CA 11-00054 |
| Slip Opinion No: 2011 NY Slip Op 63781(U) |
| Decided on February 4, 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 11-00054
| RONALD A. MALACHOWSKI, PLAINTIFF-APPELLANT, V MARTIN J. DALY,
DEFENDANT-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 Oneida on March 5, 2010,
Now, upon reading and filing the affirmation of Karen A. Rhoades, Esq. received January 7, 2011, the affidavit of Ronald A. Malachowski sworn to January 7, 2011, the notice of motion with proof of service thereof, and the affidavit of Michael W. Harris, Esq. sworn to January 27, 2011, 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 April 5, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 4, 2011
Patricia L. Morgan, Clerk