| ANTOINE MARTIN, II V WALTER WITKOWSKI ANTOINE MARTIN V WALTER WITKOWSKI (APPEAL NO. 2.) |
| Motion No: CA 14-01794 |
| Slip Opinion No: 2014 NY Slip Op 94610(U) |
| Decided on December 31, 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 14-01794
DOCKET NO. CA 14-01795
| ANTOINE MARTIN, II, PLAINTIFF-APPELLANT, V WALTER
WITKOWSKI, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) ANTOINE MARTIN, PLAINTIFF-APPELLANT, V WALTER WITKOWSKI,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
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 January 17, 2014, and April 14, 2014,
Now, upon reading and filing the affidavit of Jeanne M. Vinal, Esq., sworn to December 4, 2014, 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 granted to the extent that the second ordering paragraph of the order of this Court entered October 30, 2014, is hereby amended by deleting the date December 15, 2014, and inserting in its place the date March 2, 2015, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal from the order entered April 14, 2014, and appellant shall perfect the appeal taken from the order entered April 14, 2014, on or before March 2, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 31, 2014
Frances E. Cafarell, Clerk