JAMES R. CAPUTO, M.D. V RICHARD S. TUBIOLO, ESQ., BRYAN S. KORNFIELD, ESQ., AND HIRSCH & TUBIOLO, P.C.
Motion No: CA 23-01338
Slip Opinion No: 2024 NY Slip Op 63618(U)
Decided on February 26, 2024
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.


February 26, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 23-01338

JAMES R. CAPUTO, M.D., PLAINTIFF-APPELLANT,

V

RICHARD S. TUBIOLO, ESQ., BRYAN S. KORNFIELD, ESQ., AND

HIRSCH & TUBIOLO, P.C., DEFENDANTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Monroe County, entered July 21, 2023,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, the time to perfect the appeal is extended to April 5, 2024, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 26, 2024

Ann Dillon Flynn

Clerk of the Court