CHRISTOPHER P. BARNES V LI YAO
Motion No: CA 17-00092
Slip Opinion No: 2018 NY Slip Op 65509(U)
Decided on February 22, 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.


February 22, 2018

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

DOCKET NO. CA 17-00092

CHRISTOPHER P. BARNES, PLAINTIFF-RESPONDENT,

V

LI YAO, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 19, 2016,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to January 30, 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 denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).

Entered: February 22, 2018

Mark W. Bennett, Clerk