Opinion
Motion No: CA 11-01736
09-21-2011
LEE FANG, PLAINTIFF-APPELLANT, v. HOME DEPOT USA, INC. AND SUPERIOR HEATING CO., LLC, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of Erie County Court entered in the Office of the Clerk of the County of Erie on June 17, 2011,
Now, upon reading and filing the affidavit of Lee Fang sworn to August 23, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Patricia L. Morgan, Clerk