| JOANNE N. STUBBS V JOHN A. CAPELLINI, III E.A. CAPELLINI, RALPH J. FREETLY, AND ABF FREIGHT SYSTEM, INC. |
| Motion No: NOS. CA 12-01158 AND CA 12-01476 |
| Slip Opinion No: 2012 NY Slip Op 92525(U) |
| Decided on November 29, 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 CARNI, JJ.
DOCKET NOS. CA 12-01158 AND CA 12-01476
| JOANNE N. STUBBS, PLAINTIFF-APPELLANT, V JOHN A.
CAPELLINI, III, DEFENDANT-RESPONDENT, E.A. CAPELLINI, RALPH J. FREETLY, AND ABF FREIGHT SYSTEM, INC.,
DEFENDANTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 21, 2012, and February 21, 2012,
Now, upon reading and filing the affirmation of Diane R. Tiveron, Esq., dated November 7, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered September 10, 2012, is hereby amended by deleting the date November 13, 2012, and inserting in its place the date January 4, 2013, and
It is further ORDERED that the motion is granted to the extent that appellant shall perfect the appeal from the order entered February 21, 2012, on or before January 4, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Memorandum: No further extensions of time to perfect the appeal from the judgment entered March 21, 2012, will be granted.
Entered: November 29, 2012
Frances E. Cafarell, Clerk