PATRICIA CURTO V NATIONAL FUEL
Motion No: NOS. CA 12-01849 AND CA 12-01850
Slip Opinion No: 2012 NY Slip Op 92545(U)
Decided on December 3, 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.


December 3, 2012

PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 12-01849 AND CA 12-01850

PATRICIA CURTO, PLAINTIFF-APPELLANT,

V

NATIONAL FUEL CORPORATION, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 14, 2011, and January 17, 2012, and having moved for other relief,

Now, upon reading and filing the affidavits of Patricia J. Curto sworn to October 17, 2012, and October 30, 2012, the notice of motion with proof of service thereof, and the affirmation of Daniel J. Altieri, Esq., dated October 24, 2012, 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 ordering paragraph of the order of this Court entered October 18, 2012, is hereby amended by deleting the date December 17, 2012, and inserting in its place the date February 15, 2013, and

It is further ORDERED that the motion is otherwise denied without prejudice to appellant's motion in Supreme Court seeking, among other things, to reargue the motion to settle the record.

Entered: December 3, 2012

Frances E. Cafarell, Clerk