| DION L. BARNES V JOSEPH OCCHINO AND NIAGARA MOHAWK POWER CORPORATION |
| Motion No: CA 18-01212 |
| Slip Opinion No: 2018 NY Slip Op 78754(U) |
| Decided on July 23, 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 18-01212
| DION L. BARNES, PLAINTIFF-APPELLANT, V JOSEPH OCCHINO AND
NIAGARA MOHAWK POWER CORPORATION, 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 Erie on September 6, 2017,
Now, upon reading and filing the affidavit of Timothy J. Andruschat, Esq., sworn to July 3, 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 September 4, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 23, 2018
Mark W. Bennett, Clerk