| PATRICIA CURTO V ZITTEL'S DAIRY FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER PATRICIA CURTO V |
| Motion No: CA 11-02445 |
| Slip Opinion No: 2012 NY Slip Op 83875(U) |
| Decided on September 12, 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 11-02445
DOCKET NO. CA 11-02446
DOCKET NO. CA 11-02447
| PATRICIA CURTO, PLAINTIFF-APPELLANT, V ZITTEL'S
DAIRY FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER, DEFENDANTS-RESPONDENTS. (APPEAL NO.
1.) PATRICIA CURTO, PLAINTIFF-APPELLANT, V ZITTEL'S DAIRY FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER,
JEFFREY GASPER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) PATRICIA CURTO, PLAINTIFF-APPELLANT, V ZITTEL'S DAIRY
FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER, DEFENDANTS-RESPONDENTS. (APPEAL NO.
3.) |
Appellant having moved for an extension of time to perfect appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 8, 2011, and July 11, 2011, and having moved for permission to perfect the appeal without including this Court's poor person order in the record, and for other relief,
Now, upon reading and filing the affidavits of Patricia J. Curto sworn to August 11, 2012, and August 14, 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 an extension of time to perfect the appeals is granted to the extent that the second ordering paragraph of the order of this Court entered May 24, 2012, is hereby amended by deleting the date August 22, 2012, and inserting in its place the date October 12, 2012, and
It is further ORDERED that the motion insofar as it seeks to perfect the appeal without this Court's poor person order included in the record is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Prior orders of this Court must be filed along with the record when perfecting an appeal (see 22 NYCRR 1000.3 [b], [c] [2]). This Court's rules, however, do not require this Court's prior orders to be included in the record. No further extensions of time to perfect these appeals will be granted.
Entered: September 12, 2012
Frances E. Cafarell, Clerk