| CATHY TUMINNO V MARJORIE WAITE , JAMES FLAGELLA |
| Motion No: CA 18-00120 |
| Slip Opinion No: 2018 NY Slip Op 62793(U) |
| Decided on January 29, 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 18-00120
| CATHY TUMINNO, PLAINTIFF-RESPONDENT, V MARJORIE WAITE, ET AL.,
DEFENDANTS, JAMES FLAGELLA, 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 Chautauqua on December 18, 2017,
Now, upon reading and filing the affidavit of James Flagella sworn to January 16, 2018, 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 April 4, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 29, 2018
Mark W. Bennett, Clerk