| CHERYL FOLEY AND WILLIAM FOLEY V WEST-HERR FORD, INC. AND FORD MOTOR COMPANY TIMOTHY B. HOWARD, SHERIFF OF THE COUNTY |
| Motion No: CA 12-01806 |
| Slip Opinion No: 2012 NY Slip Op 88815(U) |
| Decided on October 25, 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 12-01806
| CHERYL FOLEY AND WILLIAM FOLEY,
PLAINTIFFS-RESPONDENTS, V WEST-HERR FORD, INC. AND FORD MOTOR COMPANY, DEFENDANTS, TIMOTHY B. HOWARD,
SHERIFF OF THE COUNTY OF ERIE, BY MICHAEL A. SIRACUSA, ESQ., ERIE COUNTY ATTORNEY,
APPELLANT. |
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 Erie on January 27, 2012,
Now, upon reading and filing the affidavit of Kenneth R. Kirby, Esq., sworn to September 25, 2012, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated October 19, 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 January 7, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 25, 2012
Frances E. Cafarell, Clerk