| JAMES A. GARDNER V WHITNEY ZAMMITT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KATE RIGHTER GARDNER, DECEASED |
| Motion No: CA 19-00300 |
| Slip Opinion No: 2019 NY Slip Op 76933(U) |
| Decided on August 5, 2019 |
| 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.
CA 19-00300
| JAMES A. GARDNER, PLAINTIFF-RESPONDENT, V WHITNEY ZAMMITT, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF KATE RIGHTER GARDNER, DECEASED, DEFENDANT-APPELLANT. |
Appellant having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered February 14, 2019,
Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,
It is hereby ORDERED that the application is granted, the time to perfect the appeal is extended to October 18, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 5, 2019
Mark W. Bennett
Clerk of the Court