| DAVID DALE V CITADEL SECURITY AGENCY, DAVID DALE V CITADEL SECURITY AGENCY, ET. AL. (APPEAL NO. 2.) |
| Motion No: CA 09-00416 |
| Slip Opinion No: 2011 NY Slip Op 91896(U) |
| Decided on December 7, 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 09-00416
DOCKET NO. CA 11-00836
| DAVID DALE, PLAINTIFF-APPELLANT, V CITADEL SECURITY AGENCY, ET
AL., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) DAVID DALE, PLAINTIFF-APPELLANT, V CITADEL SECURITY AGENCY, ET. AL.,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on November 21, 2008 (appeal No. 1), to consolidate the appeal from the order entered November 21, 2008, with the appeal from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on December 15, 2010 (appeal No. 2), to amend the notice of appeal from the order entered December 15, 2010, that was filed on January 20, 2011, to extend the time to perfect the appeals, and for other relief,
Now, upon reading and filing the affidavit of David Dale sworn to October 3, 2011, the notice of motion with proof of service thereof, and the affidavit of Jonathan D. Cox, Esq., sworn to October 24, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered December 15, 2010 (appeal No. 2), is granted to the extent that the ordering paragraph of the order of this Court entered September 16, 2011, is hereby amended by deleting the date October 4, 2011, and inserting in its place the date February 6, 2012, and
It is further ORDERED that the motion insofar as it seeks to amend the notice of appeal filed on January 20, 2011, is granted to the extent that the notice of appeal shall be treated as valid as to the order of the Supreme Court entered December 15, 2010 (appeal No. 2), under Index No. NA-2009-07 (see CPLR 5520 [c]), and
It is further ORDERED that the motion is otherwise denied.
Memorandum: No further extensions of time to perfect appeal No. 2 will be granted.
Entered: December 7, 2011
Patricia L. Morgan, Clerk