| ROBERT WALLACE V SUNY UPSTATE, DEAN MARK SCHMITT, AND XIN JIE CHEN |
| Motion No: CA 17-02204 |
| Slip Opinion No: 2018 NY Slip Op 60850(U) |
| Decided on January 9, 2018 |
| 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 17-02204
| ROBERT WALLACE, PLAINTIFF-APPELLANT, V SUNY UPSTATE, DEAN
MARK SCHMITT, AND XIN JIE CHEN, DEFENDANTS-RESPONDENTS. |
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 Onondaga on March 6, 2017,
Now, upon reading and filing the affirmation of Daniel J. Kaiser, Esq., dated December 26, 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 February 9, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 9, 2018
Mark W. Bennett, Clerk