ROBERT UZAR AND KELLY UZAR V LOUIS P. CIMINELLI CONSTRUCTION CO., INC., TURNER CONSTRUCTION COMPANY, - .
Motion No: CA 07-01428
Slip Opinion No: 2008 NYSlipOp 60747(U)
Decided on January 9, 2008
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.


January 9, 2008

PRESENT: SCUDDER P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-01428

ROBERT UZAR AND KELLY UZAR, PLAINTIFFS-APPELLANTS,

V

LOUIS P. CIMINELLI CONSTRUCTION CO., INC., TURNER

CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS, ET AL.,

DEFENDANTS.


Appellant 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 Erie on

April 4, 2007,

Now, upon reading and filing the affirmation of Debra A. Norton dated

September 21, 2007 [sic], the notice of motion with proof of service thereof, the opposing affirmation of John Wallace dated November 28, 2007, the opposing affidavit of

Jeffrey M. Wilkens sworn to December 3, 2007, the reply affirmation of Debra A. Norton dated December 7, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered October 15, 2007 is hereby amended by deleting the date November 16, 2007 and inserting in its place the date

January 18, 2008.

Memorandum: No further extensions will be granted.

Entered: January 9, 2008

JoAnn M. Wahl, Clerk