PARIS v. REISS CNR (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Steven M. PARIS and Billie Jo Paris, Respondents, v. Carl N. REISS, d/b/a CNR Commercial & Residential Services, Appellant.

Decided: September 30, 1997

Before PINE, J.P., and LAWTON, HAYES, WISNER and BALIO, JJ.

22 NYCRR 1000.13(f) provides that, in support of a motion to extend the time to perfect an appeal, “the appellant shall submit an affidavit demonstrating a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time.” The affidavit of counsel stating merely that the parties have agreed to an extension does not comport with 22 NYCRR 1000.13(f).

Motion to extend time to perfect appeal denied with leave to renew on or before October 30, 1997, upon an affidavit demonstrating a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time.

MEMORANDUM:

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