Opinion
Motion No: CA 11-01518
08-17-2011
PRESENT: , P.J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
Appellant having moved for an extension of time, pursuant to CPLR 5520 (a), to file his notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 14, 2010,
Now, upon reading and filing the affirmation of Jason L. Schmidt, Esq., dated July 27, 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 granted, and the notice of appeal is deemed timely filed and served (see CPLR 5520 [a]).
Patricia L. Morgan, Clerk