ANTHONY SAMUEL TOTA V WCA GROUP, INC. AND JOHN MICHAEL KERNS
Motion No: CA 10-02173
Slip Opinion No: 2011 NY Slip Op 74391(U)
Decided on June 1, 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.


June 1, 2011

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

DOCKET NO. CA 10-02173

ANTHONY SAMUEL TOTA, PLAINTIFF-APPELLANT,

V

WCA GROUP, INC., DEFENDANT-RESPONDENT,

AND JOHN MICHAEL KERNS, DEFENDANT.


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 Chautauqua on July 27, 2010,

Now, upon reading and filing the affidavits of Anthony Samuel Tota sworn to May 2, 2011, and May 12, 2011, the notice of motion with proof of service thereof, and the affirmation of Randy C. Mallaber, Esq. dated May 5, 2011, 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 March 23, 2011, is hereby amended by deleting the date May 3, 2011, and inserting in its place the date July 1, 2011.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: June 1, 2011

Patricia L. Morgan, Clerk