| GERALD SCOTT V HENNY PENNY CORPORATION GUERTIN DISTRIBUTORS, INC. . |
| Motion No: CA 16-01196 |
| Slip Opinion No: 2016 NY Slip Op 80835(U) |
| Decided on July 25, 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 16-01196
| GERALD SCOTT, PLAINTIFF-APPELLANT, V HENNY PENNY CORPORATION,
DEFENDANT-RESPONDENT, GUERTIN DISTRIBUTORS, INC., ET AL., DEFENDANTS. HENNY PENNY CORPORATION, THIRD-PARTY
PLAINTIFF-RESPONDENT, V LARNARD SCOTT DOING BUSINESS AS REDMAN'S CHICKEN N'RIBS, THIRD-PARTY
DEFENDANT. |
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 Onondaga on September 23, 2016,
Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to July 14, 2016, the notice of motion with proof of service thereof, and the affidavit of Richard L. Weber, Esq., sworn to July 15, 2016, 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 September 23, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 25, 2016
Frances E. Cafarell, Clerk