| DANIELLE JOHNSON, AS ADMINISTRATRIX OF THE ESTATE OF ROBERT M. JOHNSON, DECEASED V BGF MID CITY III, LLC, ET AL NEW |
| Motion No: CA 17-01747 |
| Slip Opinion No: 2017 NY Slip Op 89538(U) |
| Decided on October 16, 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 17-01747
| DANIELLE JOHNSON, AS ADMINISTRATRIX OF THE ESTATE OF ROBERT M.
JOHNSON, DECEASED, PLAINTIFF-RESPONDENT, V BGF MID CITY III, LLC, ET AL, DEFENDANTS, NEW TECH COMMERCIAL CONSTRUCTION
CORP., DEFENDANT-APPELLANT. |
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 Erie on September 25, 2013,
Now, upon reading and filing the affidavit of Michael F. Perley, Esq., sworn to September 28, 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 December 15, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 16, 2017
Mark W. Bennett, Clerk