| IN THE MATTER OF ENERGY COOPERATIVE OF AMERICA, INC. V WESTERN REGIONAL OFF-TRACK BETTING |
| Motion No: CA 18-01654 |
| Slip Opinion No: 2018 NY Slip Op 90988(U) |
| Decided on September 24, 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 18-01654
| IN THE MATTER OF ENERGY COOPERATIVE OF AMERICA, INC.,
PETITIONER-APPELLANT, V WESTERN REGIONAL OFF-TRACK BETTING, RESPONDENT-RESPONDENT. |
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 Genesee on November 15, 2017,
Now, upon reading and filing the affirmation of Michael E. Maxwell, Esq., dated September 11, 2018, the notice of motion with proof of service thereof, and the affirmation of Charles E. Graney, Esq., dated September 19, 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 November 23, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 24, 2018
Mark W. Bennett, Clerk