| MARTY MCNEIL, V BADGER CREEK ASSOCIATES LIMITED PARTNERSHIP, EDC MANAGEMENT, INC., AND DANIEL SCOTT, . |
| Motion No: CA 08-01225 |
| Slip Opinion No: 2008 NYSlipOp 75259(U) |
| Decided on June 18, 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 NO. CA 08-01225
| MARTY MCNEIL, PLAINTIFF-APPELLANT-RESPONDENT, V BADGER CREEK
ASSOCIATES LIMITED PARTNERSHIP, EDC MANAGEMENT, INC., AND DANIEL SCOTT, DEFENDANTS-RESPONDENTS-APPELLANTS. BADGER
CREEK ASSOCIATES LIMITED PARTNERSHIP, THIRD-PARTY PLAINTIFF, V KEUKA CONSTRUCTION CORPORATION, THIRD-PARTY
DEFENDANT-RESPONDENT. |
Respondents-appellants having moved for an extension of time to perfect the appeal and cross appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on August 7, 2007,
Now, upon reading and filing the affirmation of Daniel P. Fletcher dated June 3, 2008, the affirmation of Matthew J. Roe dated June 3, 2008, the notices 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 appellant-respondent shall perfect the appeal on or before August 18, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and respondents-appellants shall perfect the cross appeals on or before September 18, 2008 and, in the event of failure to so perfect, the cross appeals are hereby dismissed without further order.
Entered: June 18, 2008
JoAnn M. Wahl, Clerk