
    Thomas O’Hearn vs. Howard Carpenter, Jr.
    Southern District
    June 24, 1996.
    Present: Martin, RJ., Hurley & Aguiar, JJ.
    Gary V. Nichols for the plaintiff.
    John W. Lincoln for the defendant.
    
      
      Doing business as Cranberry Real Estate.
    
   Aguiar, J.

This is a petition to extend time for filing an appeal under Rule 14 of the District Municipal Appellate Division Appeal Rules.

The issue of whether there was excusable neglect is a factual one. By denying plaintiff’s motion to extend time, the trial judge decided against the plaintiff.

This should not he overturned by the Appellate Division unless there was an abuse of discretion by the trier of fact. This was not the case.

The petition is denied.  