| KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES V AMY BERNSTEIN, AND RICHARD BERNSTEIN AMY BERNSTEIN, V MALACHI |
| Motion No: NOS. CA 15-01524 AND CA 15-01525 |
| Slip Opinion No: 2015 NY Slip Op 91868(U) |
| Decided on November 24, 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, CARNI, AND LINDLEY, JJ.
DOCKET NOS. CA 15-01524 AND CA 15-01525
| KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES,
PLAINTIFF-RESPONDENT, V AMY BERNSTEIN, DEFENDANT AND RICHARD BERNSTEIN, DEFENDANT-APPELLANT. AMY BERNSTEIN,
THIRD-PARTY PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. RICHARD BERNSTEIN,
THIRD-PARTY PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY
DEFENDANTS. |
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 Cattaraugus on December 2, 2014 (appeal No. 1), and July 23, 2015 (appeal No. 2)
Now, upon reading and filing the affidavit of Melissa L. Vincton, Esq., sworn to November 12, 2015, 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, and appellant shall perfect appeal No. 1 on or before January 25, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is hereby ORDERED that the motion insofar as it seeks an extension of time to pefect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: November 24, 2015
Frances E. Cafarell, Clerk