TAMAICA TAYLOR V MARCIA BIRDSONG AND DAVID L. VANGALIO
Motion No: CA 18-01180
Slip Opinion No: 2018 NY Slip Op 90853(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.

DOCKET NO. CA 18-01180

TAMAICA TAYLOR, PLAINTIFF-APPELLANT,

V

MARCIA BIRDSONG AND DAVID L. VANGALIO,

DEFENDANTS-RESPONDENTS.


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 Erie on March 3, 2016,

Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated September 28, 2018, the notice of motion with proof of service thereof, and the affirmation of Philip C. Barth, III, Esq., dated October 4, 2018, 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 October 31, 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