| IRIC BURTON V DR. ANDREW C. MATTELIANO, - . |
| Motion No: CA 11-02538 |
| Slip Opinion No: 2012 NY Slip Op 62945(U) |
| Decided on January 27, 2012 |
| 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 11-02538
| IRIC BURTON, PLAINTIFF-APPELLANT, V DR. ANDREW C. MATTELIANO,
DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
Appellant having moved to extend the 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 September 2, 2011, and having moved for other relief,
Now, upon reading and filing the affirmations of Frank S. Falzone, Esq., dated January 3, 2012, and January 13, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal taken herein is granted, on the condition that appellant perfects the appeal on or before March 27, 2012.
Entered: January 27, 2012
Frances E. Cafarell, Clerk