JANE F. DEPERNO V DANIEL W. DEPERNO
Motion No: CA 15-00543
Slip Opinion No: 2017 NY Slip Op 69793(U)
Decided on April 4, 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.


April 4, 2017

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

DOCKET NO. CA 15-00543

JANE F. DEPERNO, PLAINTIFF-RESPONDENT,

V

DANIEL W. DEPERNO, DEFENDANT-APPELLANT.


Appellant having moved for an order deeming the appeal perfected or, 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 February 18, 2015,

Now, upon reading and filing the affidavit of Daniel W. DePerno sworn to February 20, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an order deeming the appeal perfected is denied, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal to the extent that the ordering paragraph of the order of this Court entered December 27, 2017, is hereby amended by deleting the date February 27, 2017, and inserting in its place the date May 24, 2017.

Entered: April 4, 2017

Frances E. Cafarell, Clerk