LEONARD C. SPANO, ELEANOR M. SPANO, AND DAVID SPANO V DAVID KLINE OWNER OF D.K. FORESTRY ANTHONY NARDOZZI AND BARBARA
Motion No: CA 08-01111
Slip Opinion No: 2008 NYSlipOp 74684(U)
Decided on June 2, 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.


June 2, 2008

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

DOCKET NO. CA 08-01111

LEONARD C. SPANO, ELEANOR M. SPANO, AND DAVID SPANO,

PLAINTIFFS-APPELLANTS,

V

DAVID KLINE OWNER OF D.K. FORESTRY, DEFENDANT, ANTHONY

NARDOZZI AND BARBARA NARDOZZI, DEFENDANTS-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 Oswego on March 6, 2008,

Now, upon reading and filing the statement of Leonard C. Spano dated May 19, 2008, the notice of motion with proof of service thereof, the affidavit of James P. Evans sworn to May 27, 2008, 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 September 2, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 2, 2008

JoAnn M. Wahl, Clerk