| SAM PILATO AND SON, INC., AND SAM PILATO V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ |
| Motion No: CA 06-03448 |
| Slip Opinion No: 2007 NYSlipOp 81160(U) |
| Decided on October 15, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 06-03448
| SAM PILATO AND SON, INC., AND SAM PILATO, PLAINTIFFS-RESPONDENTS, V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ, JR., JOHN F. STAROWITZ, ANDREW J. STAROWITZ AND FRANK STAROWITZ, DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on October 25, 2006,
Now, upon reading and filing the affidavit of Frank Starowitz sworn to August 31, 2007, the notice of motion with proof of service thereof, the opposing affirmation of E. Robert Fussell dated October 10, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before November 15, 2007 (see 22 NYCRR 1000.13 [g]).
Entered: October 15, 2007
JoAnn M. Wahl, Clerk