| COUNTY OF ERIE V M/A-COM, INC., TYCO ELECTRONICS CORPORATION, INTERGRAPH CORPORATION AND KEVIN J. COMERFORD |
| Motion No: NOS. CA 12-00075 AND CA 12-00076 |
| Slip Opinion No: 2012 NY Slip Op 62951(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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 12-00075 AND CA 12-00076
| COUNTY OF ERIE, PLAINTIFF-RESPONDENT, V M/A-COM, INC., TYCO
ELECTRONICS CORPORATION, INTERGRAPH CORPORATION, DEFENDANTS, AND KEVIN J. COMERFORD,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 22, 2011, and February 23, 2011,
Respondent having cross-moved to dismiss the appeals for failure to timely perfect the appeals from the orders entered February 22, 2011,
Now, upon reading and filing the affirmation of David J. Seeger, Esq., dated December 27, 2011, the affidavit of R. Scott Atwater, Esq., sworn to January 10, 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 is granted and appellant shall perfect the appeal on or before February 14, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion is denied.
Entered: January 27, 2012
Frances E. Cafarell, Clerk