| HERBERT SHAPIRO V TONY'S CULVER ATLANTIC, INC., MICHAEL FLORIO AND ANTHONY FLORIO |
| Motion No: CA 11-00337 |
| Slip Opinion No: 2011 NY Slip Op 67082(U) |
| Decided on March 14, 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 11-00337
| HERBERT SHAPIRO, PLAINTIFF-APPELLANT, V TONY'S CULVER
ATLANTIC, INC., MICHAEL FLORIO AND ANTHONY FLORIO, DEFENDANTS-RESPONDENTS. |
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 Monroe on June 16, 2010,
Now, upon reading and filing the affidavit of Herbert Shapiro sworn to February 2, 2011, 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 and appellant shall perfect the appeal on or before June 6, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 14, 2011
Patricia L. Morgan, Clerk