LARRY PLAC V VILLAGE OF ILION AND COUNTY OF HERKIMER
Motion No: CA 11-01616
Slip Opinion No: 2012 NY Slip Op 66527(U)
Decided on March 1, 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.


March 1, 2012

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

DOCKET NO. CA 11-01616

LARRY PLAC, PLAINTIFF-APPELLANT,

V

VILLAGE OF ILION AND COUNTY OF HERKIMER,

DEFENDANTS-RESPONDENTS.


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 Herkimer on April 27, 2011,

Now, upon reading and filing the affidavit of Larry Plac received February 21, 2012, the notice of motion with proof of service thereof, the affidavit of James J. Burns, Esq., sworn to February 23, 2012, and the affidavit of Nathan D. VanWhy, Esq., sworn to February 24, 2012, 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 April 27, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 1, 2012

Frances E. Cafarell, Clerk