KAREN JOHNSON V SWIFT TRANSPORTATION CO., INC. AND JERRY L. KELLY HERTZ VEHICLES, INC., AND ACEA MOSEY, AS

KAREN JOHNSON V SWIFT TRANSPORTATION CO., INC. AND JERRY L. KELLY HERTZ VEHICLES, INC., AND ACEA MOSEY, AS

Motion No: CA 11-00748

Slip Opinion No: 2011 NY Slip Op 71867(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.

April 28, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00748

KAREN JOHNSON, PLAINTIFF-APPELLANT,
V
SWIFT TRANSPORTATION CO., INC. AND
JERRY L. KELLY, DEFENDANTS-RESPONDENTS,
HERTZ VEHICLES, INC., AND ACEA MOSEY, AS ADMINISTRATRIX OF
THE ESTATE OF KENNETH I. JOHNSON, DECEASED, DEFENDANTS.

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 June 24, 2010,

Now, upon reading and filing the affidavit of John A. Collins, Esq. sworn to April 8, 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 27, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 28, 2011

Patricia L. Morgan, Clerk