LESTER A. JOHNS V LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY AND FRANCES MCNULTY
Motion No: NOS. CA 08-00059 AND CA 08-00552
Slip Opinion No: 2008 NYSlipOp 75226(U)
Decided on June 17, 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 17, 2008

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

DOCKET NOS. CA 08-00059 AND CA 08-00552

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 appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Genesee on April 19, 2007 and February 11, 2008,

Now, upon reading and filing the affidavit of David H. Nelson sworn to May 16, 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 to the extent that the ordering paragraph of the order of this Court entered March 24, 2008 is hereby amended by deleting the date May 23, 2008 and inserting in its place the date August 15, 2008.

Memorandum: No further extensions will be granted.

Entered: June 17, 2008

JoAnn M. Wahl, Clerk