| PATRICIA J. CURTO V MARK DIEHL AND MELISSA SCHMIGEL PATRICIA J. CURTO V MARK DIEHL AND MELISSA SCHMIGEL (APPEAL NO. 2.) |
| Motion No: CA 14-01099 |
| Slip Opinion No: 2015 NY Slip Op 66675(U) |
| Decided on March 6, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-01099
DOCKET NO. CA 14-02234
| PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V MARK DIEHL AND
MELISSA SCHMIGEL, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) PATRICIA J. CURTO, PLAINTIFF-APPELLANT, V MARK DIEHL AND
MELISSA SCHMIGEL, DEFENDANTS-RESPONDENTS. (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 February 21, 2014 (appeal No. 1), and December 9, 2014 (appeal No. 2), and having moved to vacate dismissal of appeal No. 1,
Now, upon reading and filing the affidavits of Patricia J. Curto sworn to January 9, 2015, and January 23, 2015, the notice of motion with proof of service thereof, and the affirmation of Benjamin R. Wolf, Esq., dated January 19, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as its seeks an extension of time to perfect appeal No. 1 and insofar as it seeks to vacate dismissal of appeal No. 1, and
It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time to perfect appeal No. 2 (see 22 NYCRR 1000.13 [f]).
Entered: March 6, 2015
Frances E. Cafarell, Clerk