GERALD HAY AND CHRISTINE HAY, BOTH AS INDIVIDUALS AND AS PARENTS AND NATURAL GUARDIANS OF ROBIN HAY, AMANDA HAY
Motion No: CA 08-01115
Slip Opinion No: 2008 NYSlipOp 81354(U)
Decided on August 21, 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.


August 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 08-01115

GERALD HAY AND CHRISTINE HAY, BOTH AS INDIVIDUALS AND AS

PARENTS AND NATURAL GUARDIANS OF ROBIN HAY, AMANDA HAY,

BARBARA HAY AND JOSHUA HAY, MINORS, PLAINTIFFS-APPELLANTS,

V

GORDON JAY AND RAYMOND HENRY WIERZBIC, JR. INDIVIDUALLY AND

DOING BUSINESS AS BEMUS CONSTRUCTION,

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 Erie on February 1, 2008, and for other relief,

Now, upon reading and filing the affidavit of Richard J. Lippes sworn to July 28, 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 paragraphs of the orders of this Court entered June 9, 2008 and June 30, 2008 are hereby amended by deleting the date August 8, 2008 and inserting in its place the date September 19, 2008, and Theodore J. Burns, Esq. is hereby directed to return the file on plaintiffs' appeal to Richard J. Lippes, Esq. forthwith.

Entered: August 21, 2008

JoAnn M. Wahl, Clerk