| PETER E. BISSELL AND SHERRY BISSELL V TOWN OF AMHERST |
| Motion No: NOS. CA 07-01601, CA 07-01660 AND CA 07-02225 |
| Slip Opinion No: 2008 NYSlipOp 64980(U) |
| Decided on February 26, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 07-01601, CA 07-01660 AND CA 07-02225
DOCKET NOS. CA 07-01601, CA 07-01660 AND CA 07-02225PAGE 2
| PETER E. BISSELL AND SHERRY BISSELL, PLAINTIFFS-RESPONDENTS, V
TOWN OF AMHERST, DEFENDANT-APPELLANT. V MCGONIGLE & HILGER ROOFING COMPANY, THIRD-PARTY
DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
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————————————- PETER E. BISSELL AND SHERRY BISSELL,
PLAINTIFFS-RESPONDENTS, V TOWN OF AMHERST, DEFENDANT-APPELLANT.
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————— TOWN OF AMHERST, THIRD-PARTY PLAINTIFF, V MCGONIGLE & HILGER ROOFING COMPANY, THIRD-PARTY
DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
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————————————— PETER E. BISSELL AND SHERRY BISSELL,
PLAINTIFFS-RESPONDENTS, V TOWN OF AMHERST, DEFENDANT-APPELLANT.
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TOWN OF AMHERST, THIRD-PARTY PLAINTIFF-RESPONDENT, V MCGONIGLE & HILGER ROOFING COMPANY, THIRD-PARTY DEFENDANT-APPELLANT.
(APPEAL NO. 3.) PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ. |
Defendant-appellant having moved for an extension of time to perfect the appeals taken from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 23, 2007, August 2, 2007, and August 20, 2007, third-party defendant-appellant having moved to vacate the dismissal of its appeals, and plaintiffs having cross-moved to confirm the dismissal of the appeals,
Now, upon reading and filing the affirmations of Sean D. Schoenborn dated
February 13, 2008 and February 15, 2008, the affirmation of Sim R. Shapiro dated
February 14, 2008, the notices of motion with proof of service thereof, the opposing affirmation of Alan D. Voos dated February 15, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Sim R. Shapiro dated February 21, 2008, the reply affidavit of Anthony Notaro sworn to February 21, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, granted to the extent that the ordering paragraph of the order of this Court entered February 4, 2008 is hereby amended by deleting the date February 13, 2008 and inserting in its place the date
March 12, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Memorandum: No further extensions to perfect will be granted.
Entered: February 26, 2008
JoAnn M. Wahl, Clerk