| WAYNE CLARKE V WEGMANS FOOD MARKETS, INC. |
| Motion No: CA 16-00212 |
| Slip Opinion No: 2016 NY Slip Op 65346(U) |
| Decided on February 24, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00212
| WAYNE CLARKE, PLAINTIFF-RESPONDENT, V WEGMANS FOOD MARKETS,
INC., DEFENDANT-APPELLANT. |
Appellant 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 May 6, 2015, and for other relief,
Now, upon reading and filing the affidavit of Robert P. Goodwin, Esq., sworn to February 4, 2016, 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 the appeal on or before April 25, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
It is further ORDERED that the motion is otherwise denied.
Entered: February 24, 2016
Frances E. Cafarell, Clerk