| CLAUDIA S. JOHNSON V LARRY C. JOHNSON |
| Motion No: NOS. CA 12-01749 AND CA 12-01751 |
| Slip Opinion No: 2012 NY Slip Op 86211(U) |
| Decided on October 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 12-01749 AND CA 12-01751
| CLAUDIA S. JOHNSON, PLAINTIFF-RESPONDENT, V LARRY
C. JOHNSON, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect two separate appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 7, 2011, and February 24, 2012,
Now, upon reading and filing the affidavit of Roger T. Davison, Esq., sworn to September 14, 2012, 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 appeal taken from the order entered December 7, 2011, is granted and appellant shall perfect the appeal on or before November 23, 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 motion insofar as it seeks an extension of time to perfect the appeal taken from the order entered February 24, 2012, is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: October 2, 2012
Frances E. Cafarell, Clerk