MARITA E. HYMAN V SUSAN N. BURGESS
Motion No: NOS. CA 16-00827 AND CA 16-00828
Slip Opinion No: 2016 NY Slip Op 85652(U)
Decided on September 12, 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.


September 12, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 16-00827 AND CA 16-00828

MARITA E. HYMAN, PLAINTIFF-APPELLANT,

V

SUSAN N. BURGESS, DEFENDANT-RESPONDENT.


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 Oneida on August 28, 2015, and December 2, 2015,

Now, upon reading and filing the affidavit of Marita E. Hyman sworn to August 26, 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 to the extent that the second ordering paragraph of the order of this Court entered June 7, 2016, is hereby amended by deleting the date September 2, 2016, and inserting in its place the date December 1, 2016, and

It is further ORDERED that appellant shall perfect appeal No. 2 on or before December 1, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 12, 2016

Frances E. Cafarell, Clerk