| CELLINO & BARNES, PC V BRIAN CHAPIN YORK CELLINO & BARNES, PC V BRIAN CHAPIN YORK (APPEAL NO. 2.) |
| Motion No: CA 17-02195 |
| Slip Opinion No: 2018 NY Slip Op 81200(U) |
| Decided on August 14, 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 17-02195
DOCKET NO. CA 18-00706
| CELLINO & BARNES, PC, PLAINTIFF-RESPONDENT, V BRIAN CHAPIN
YORK, DEFENDANT-APPELLANT. (APPEAL NO. 1.) CELLINO & BARNES, PC, PLAINTIFF-RESPONDENT, V BRIAN CHAPIN YORK,
DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved for an extension of time to perfect the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 29, 2017, and January 8, 2018,
Now, upon reading and filing the affirmation of Brian Chapin York, Esq., dated July 13, 2018, the notice of motion with proof of service thereof, the affidavit of Stephen C. Ciocca, Esq., sworn to July 18, 2018, and the affirmation of Joseph DeMarie, Esq., dated July 25, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the second order of this Court entered May 14, 2018, is hereby amended by deleting the date July 23, 2018, and inserting in its place the date September 21, 2018, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Memorandum: No further extensions of time to perfect appeal No. 1 will be granted.
Entered: August 14, 2018
Mark W. Bennett, Clerk