| RONALD KILLIAN V BOYD WIBLE |
| Motion No: CA 14-01233 |
| Slip Opinion No: 2014 NY Slip Op 79093(U) |
| Decided on July 25, 2014 |
| 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 PERADOTTO, JJ.
DOCKET NO. CA 14-01233
| RONALD KILLIAN, PLAINTIFF-RESPONDENT, V BOYD
WIBLE, DEFENDANT-APPELLANT. |
Appellant having moved, pursuant to CPLR 5520 (a), for an extension of time to file a notice of appeal and 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 Erie on April 30, 2014,
Now, upon reading and filing the affirmation of Joseph A. Canepa, Esq., dated July 10, 2014, the notice of motion with proof of service thereof, and the affirmation of Steven L. Kantor, Esq., dated July 17, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks an extension of time to file the notice of appeal, on the condition that appellant files the notice of appeal with the Office of the Clerk of the County of Erie County on or before August 8, 2014, and
It is further ORDERED that the motion is dismissed as premature insofar as seeks an extension of time to perfect the appeal (see 22 NYCRR 1000.13 [f]).
Entered: July 25, 2014
Frances E. Cafarell, Clerk