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

DOCKET NO. CA 13-00111

ROBERT BERKLEY PHYSICAL THERAPY, P.C., PLAINTIFF-RESPONDENT, V THE HISTORIC WOODRUFF BLOCK, LLC, DEFENDANT-APPELLANT.

Appellant having moved, pursuant to CPLR 5520 (c), to treat the notice of appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on March 20, 2012, as a premature notice of appeal from the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oswego on September 10, 2012, and having moved for an extension of time to perfect the appeal, and

Respondent having cross-moved to dismiss the appeal on the ground that the appeal from the order entered March 20, 2012, was terminated upon the entry of the order and judgment entered September 10, 2012,

Now, upon reading and filing the affirmation of Richard Palma, Esq., dated January 8, 2013, affidavit of Thomas J. Millar sworn to January 9, 2013, the affidavit of Brian Weiss sworn to January 9, 2013, the affidavit of Scott J. DelConte, Esq., sworn to January 18, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks an extension of time to perfect the appeal is granted and appellant shall perfect the appeal on or before April 29, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and appellant's motion is otherwise dismissed as unnecessary, and

It is further ORDERED the respondent's cross motion is denied (see CPLR 5501 [c]).

Entered: February 27, 2013

Frances E. Cafarell, Clerk