CATHY TUMINNO V MARJORIE WAITE , JAMES FLAGELLA
Motion No: CA 18-00120
Slip Opinion No: 2018 NY Slip Op 68905(U)
Decided on April 2, 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.


April 2, 2018

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 March 20, 2018, the notice of motion with proof of service thereof, and the affidavit of Leslie Mark Greenbaum, Esq., sworn to March 29, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered January 29, 2018, is hereby amended by deleting the date April 4, 2018, and inserting in its place the date June 4, 2018.

Entered: April 2, 2018

Mark W. Bennett, Clerk