ELDRED JAY MARTIN V NIAGARA FALLS BRIDGE COMMISSION NIAGARA FALLS BRIDGE COMMISSION, V LIBERTY MAINTENANCE, INC.,
Motion No: CA 17-01122
Slip Opinion No: 2017 NY Slip Op 78576(U)
Decided on June 26, 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.


June 26, 2017

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

DOCKET NO. CA 17-01122

ELDRED JAY MARTIN, PLAINTIFF-APPELLANT,

V

NIAGARA FALLS BRIDGE COMMISSION, DEFENDANT-RESPONDENT.

NIAGARA FALLS BRIDGE COMMISSION, THIRD-PARTY PLAINTIFF,

V

LIBERTY MAINTENANCE, INC., THIRD-PARTY 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 August 24, 2016,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to June 9, 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 is granted, and appellant shall perfect the appeal on or before August 14, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 26, 2017

Frances E. Cafarell, Clerk