Opinion
Motion No: CA 10-02173
09-15-2011
ANTHONY SAMUEL TOTA, PLAINTIFF-APPELLANT, v. WCA GROUP, INC., DEFENDANT-RESPONDENT, AND JOHN MICHAEL KERNS, DEFENDANT.
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 the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on July 27, 2010,
Now, upon reading and filing the affidavits of Anthony Samuel Tota sworn to August 18, 2011, and August 30, 2011, the notice of motion with proof of service thereof, and the affirmation of Randy C. Mallaber, Esq., dated August 23, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal pursuant to 22 NYCRR 1000.13 (g).
Patricia L. Morgan, Clerk