HISTORICAL SQUARE JOINT VENTURE, LLC V BENJAMIN R. SICOLI
Motion No: CA 17-01173
Slip Opinion No: 2017 NY Slip Op 79482(U)
Decided on July 6, 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.


July 6, 2017

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

DOCKET NO. CA 17-01173

HISTORICAL SQUARE JOINT VENTURE, LLC, PLAINTIFF-RESPONDENT,

V

BENJAMIN R. SICOLI, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 3, 2016,

Now, upon reading and filing the affidavit of J. Michael Lennon, Esq., sworn to June 21, 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 October 13, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 6, 2017

Frances E. Cafarell, Clerk