MATTER OF JOHN J. ALTIMONTE V RONALD M. LABUZ
Motion No: CAF 17-02178
Slip Opinion No: 2018 NY Slip Op 90838(U)
Decided on October 15, 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.


October 15, 2018

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

APPELLATE DIVISION DOCKET NO. CAF 17-02178
DOCKET NO. O-02571-14-17B
DOCKET NO. O-02569-14-17B

MATTER OF JOHN J. ALTIMONTE, PETITIONER-APPELLANT,

V

RONALD M. LABUZ, RESPONDENT-RESPONDENT.



MATTER OF JOHN J. ALTIMONTE, PETITIONER-APPELLANT,

V

CAROL A. ALTIMONTE, RESPONDENT-RESPONDENT.


Petitioner-appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on November 21, 2017,

Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., Esq., dated September 22, 2018, the notice of motion with proof of service thereof, and the statement of Dean L. Gordon, Esq., dated September 25, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and petitioner-appellant shall perfect the appeal on or before December 14, 2018, and in the event of failure to so perfect the appeal is hereby dismissed without further order.

Memorandum: No further extensions of time to perfect will be granted to appellant's present counsel absent an unanticipated and extraordinary excuse for the delay.

Entered: October 15, 2018

MARK W. BENNETT, Clerk