Opinion
Motion No: CA 15-00190 DOCKET NO. CA 15-00190
03-05-2015
BERNICE MALCOLM, PLAINTIFF-APPELLANT, v. CHRISTINA A. AGOLA, PLLC AND CHRISTINA A. AGOLA, DEFENDANTS-RESPONDENTS.
PRESENT: , CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
Appellant having moved for an extension of time to perfect the appeal taken herein from a decision of the Supreme Court, County of Monroe, dated April 9, 2014, and for other relief,
Now, upon reading and filing the affidavit of Bernice Malcolm sworn to January 23, 2015, 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 granted, and appellant shall perfect the appeal on or before May 4, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the notice of appeal from the decision dated April 9, 2014, is deemed to be a premature notice of appeal from the order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 18, 2014 (see CPLR 5520 [c]), and
It is further ORDERED that the motion is otherwise denied.
Entered: March 5, 2015
Frances E. Cafarell, Clerk