| SHMUEL SHMUELI V WHITESTAR DEVELOPMENT CORP. |
| Motion No: CA 15-01584 |
| Slip Opinion No: 2016 NY Slip Op 74046(U) |
| Decided on May 17, 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 15-01584
| SHMUEL SHMUELI, PLAINTIFF-APPELLANT, V WHITESTAR
DEVELOPMENT CORP., DEFENDANT-RESPONDENT. |
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 Niagara on June 12, 2015,
Now, upon reading and filing the affirmation of Mark F. Heinz, Esq., dated March 28, 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 denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: May 17, 2016
Frances E. Cafarell, Clerk