| IN THE MATTER OF JOSEPH SZYMKOWIAK V NEW YORK POWER AUTHORITY |
| Motion No: CA 17-01808 |
| Slip Opinion No: 2017 NY Slip Op 90749(U) |
| Decided on October 23, 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 17-01808
| IN THE MATTER OF JOSEPH SZYMKOWIAK, PETITIONER-RESPONDENT, V
NEW YORK POWER AUTHORITY, RESPONDENT-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 Niagara on December 20, 2016,
Now, upon reading and filing the affidavit of Kevin J. Kruppa, Esq., sworn to October 13, 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 18, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 23, 2017
Mark W. Bennett, Clerk