STEPHEN T. DIVITO V EDWARD L. FIANDACH
Motion No: CA 17-00725
Slip Opinion No: 2017 NY Slip Op 85289(U)
Decided on September 5, 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.


September 5, 2017

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

DOCKET NO. CA 17-00725

STEPHEN T. DIVITO, PLAINTIFF-APPELLANT,

V

EDWARD L. FIANDACH, 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 Monroe on December 2, 2016,

Now, upon reading and filing the affidavit of Stephen T. Divito sworn to August 19, 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 to the extent that the ordering paragraph of the order of this Court entered July 10, 2017, is hereby amended by deleting the date August 29, 2017, and inserting in its place the date October 30, 2017.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: September 5, 2017

Frances E. Cafarell, Clerk