LENEL SYSTEMS INTERNATIONAL, INC. V RICHARD TODD SMITH
Motion No: CA 11-02485
Slip Opinion No: 2012 NY Slip Op 69375(U)
Decided on April 2, 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.


April 2, 2012

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

DOCKET NO. CA 11-02485

LENEL SYSTEMS INTERNATIONAL, INC., PLAINTIFF-RESPONDENT,

V

RICHARD TODD SMITH, DEFENDANT-APPELLANT.


Appellant having moved for permission to file confidential documents contained in the record on appeal under seal and 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 Monroe on September 22, 2011,

Now, upon reading and filing the affidavit of Peter J. Weishaar, Esq., sworn to March 9, 2012, the notice of motion with proof of service thereof, and the affidavit of Warren B. Rosenbaum, Esq., dated March 13, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to seal confidential documents contained in the record is granted, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted and appellant shall perfect the appeal on or before April 23, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 2, 2012

Frances E. Cafarell, Clerk