LESTER A. JOHNS V LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY AND FRANCES MCNULTY

LESTER A. JOHNS V LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY AND FRANCES MCNULTY

Motion No: CA 08-00059

Slip Opinion No: 2008 NYSlipOp 61817(U)

Decided on January 23, 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 23, 2008

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

DOCKET NO. CA 08-00059

LESTER A. JOHNS, PLAINTIFF-RESPONDENT,
V
LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E.
MCNULTY, INDIVIDUALLY AND FRANCES MCNULTY, INDIVIDUALLY,
DEFENDANTS-APPELLANTS.

MATTER OF LESTER A. JOHNS, PETITIONER-RESPONDENT,
V
LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP
E. MCNULTY, INDIVIDUALLY, FRANCES MCNULTY, INDIVIDUALLY,
RESPONDENTS-APPELLANTS, ET AL., RESPONDENTS.

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

April 19, 2007,

Now, upon reading and filing the affidavit of David H. Nelson sworn to January 7, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellants shall perfect the appeal on or before March 24, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk