| LEE FANG V HOME DEPOT USA, INC. AND SUPERIOR HEATING CO., LLC |
| Motion No: CA 11-01736 |
| Slip Opinion No: 2011 NY Slip Op 84427(U) |
| Decided on September 21, 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 11-01736
| LEE FANG, PLAINTIFF-APPELLANT, V HOME DEPOT USA, INC. AND
SUPERIOR HEATING CO., LLC, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of Erie County Court entered in the Office of the Clerk of the County of Erie on June 17, 2011,
Now, upon reading and filing the affidavit of Lee Fang sworn to August 23, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: September 21, 2011
Patricia L. Morgan, Clerk