| IN THE MATTER OF ELLIOTT JAMES V CATTARAUGUS COUNTY |
| Motion No: CA 11-02004 |
| Slip Opinion No: 2012 NY Slip Op 70649(U) |
| Decided on April 17, 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 11-02004
| IN THE MATTER OF ELLIOTT JAMES, PETITIONER-APPELLANT, V
CATTARAUGUS COUNTY, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on September 8, 2011,
Now, upon reading and filing the affidavit of Elliott James, sworn to March 29, 2012, and the notice of motion with proof of service thereof, and the statement of Thomas C. Brady, Esq., dated April 10, 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 August 28, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 17, 2012
FRANCES E. CAFARELL, Clerk