| GERBER HOMES & ADDITIONS, LLC V MARK LANG |
| Motion No: CA 16-01349 |
| Slip Opinion No: 2017 NY Slip Op 60849(U) |
| Decided on January 11, 2017 |
| 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 16-01349
| GERBER HOMES & ADDITIONS, LLC, PETITIONER-RESPONDENT, V MARK
LANG, RESPONDENT-APPELLANT. |
Appellant having moved for the Court to accept the record without a stipulation or an order settling the record on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Monroe on May 4, 2016,
Now, upon reading and filing the affidavit of Mark Lang sworn to November 30, 2016, the notice of motion with proof of service thereof, and the affirmation of Michael Wegman, Esq., dated December 9, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion to settle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]), and
It is further ORDERED that appellant's time to perfect the appeal is extended, and appellant shall perfect the appeal on or before March 13, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Memorandum: No further extensions of time to perfect the appeal will be granted.
Entered: January 11, 2017
Frances E. Cafarell, Clerk