CHARTER ONE BANK, FSB V RICHARD F. MILLS, JUDY L. MILLS,
Motion No: CA 12-02062
Slip Opinion No: 2012 NY Slip Op 94137(U)
Decided on December 18, 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 18, 2012

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

DOCKET NO. CA 12-02062

CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT,

V

RICHARD F. MILLS, JUDY L. MILLS, ET AL.,

DEFENDANTS-APPELLANTS.


Appellant Richard Mills 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 Genesee on October 10, 2012,

Now, upon reading and filing the affidavit of Richard Mills sworn to November 28, 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 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: December 18, 2012

Frances E. Cafarell, Clerk