| MICHAEL MELENDEZ V JAMES L. BERBARY |
| Motion No: CA 10-00954 |
| Slip Opinion No: 2011 NY Slip Op 67755(U) |
| Decided on March 22, 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 February 18, 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 to the extent that the ordering paragraph of the order of this Court entered January 5, 2011, is hereby amended by deleting the date March 7, 2011, and inserting in its place the date May 23, 2011.
Memorandum: No further motions for an extension of time to perfect the appeal will be granted.
Entered: March 22, 2011
Patricia L. Morgan, Clerk