| CARL L. FISHER, AS POWER OF ATTORNEY FOR JOHN C. FISHER, V KENNETH FLANIGAN, PATRICIA FLANIGAN AND DAMON CORPORATION, . |
| Motion No: CA 11-00786 |
| Slip Opinion No: 2011 NY Slip Op 71865(U) |
| Decided on April 28, 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 11-00786
| CARL L. FISHER, AS POWER OF ATTORNEY FOR JOHN C. FISHER,
PLAINTIFF-RESPONDENT-APPELLANT, V KENNETH FLANIGAN, PATRICIA FLANIGAN, DEFENDANTS-RESPONDENTS, AND DAMON
CORPORATION, DEFENDANT-APPELLANT-RESPONDENT. |
Defendant Damon Corporation having moved for an extension of time to perfect its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 13, 2010, and plaintiff having cross-moved for an extension of time to perfect his cross appeal from said order,
Now, upon reading and filing the affirmation of Philip M. Gulisano, Esq. dated April 15, 2011, the affidavit of John A. Collins, Esq. sworn to April 19, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and defendant Damon Corporation shall perfect its appeal on or before May 31, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion is granted and plaintiff shall perfect his cross appeal on or before July 5, 2011, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: April 28, 2011
Patricia L. Morgan, Clerk