CLAUDIA S. JOHNSON V LARRY C. JOHNSON
Motion No: NOS. CA 12-01749 AND CA 12-01751
Slip Opinion No: 2012 NY Slip Op 92580(U)
Decided on December 4, 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 4, 2012

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 the 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 (CA 12-01749), and February 24, 2012 (CA 12-01751), and for other relief,

Now, upon reading and filing the affidavit of Roger T. Davison, Esq., sworn to November 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 appeal from the order entered December 7, 2011, is granted to the extent that the first ordering paragraph of the order of this Court entered October 2, 2012, is hereby amended by deleting the date November 23, 2012, and inserting in its place the date January 7, 2013, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered February 24, 2012, is granted and appellant shall perfect the appeal on or before February 6, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 4, 2012

Frances E. Cafarell, Clerk