| 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 83377(U) |
| Decided on September 10, 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 08-00059 AND CA 08-00552
Now, upon reading and filing the affidavit of Glenn R. Morton sworn to August 11, 2008, the notice of motion with proof of service thereof, the affidavit of David H. Nelson sworn to DOCKET NOS.
CA 08-00059 AND CA 08-00552PAGE 2
| 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.
——————————————————————
——————————————————————
——————- 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-APPELLANT, V LESTER JOHNS, INC., MCN
CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY, FRANCES MCNULTY, INDIVIDUALLY, RESPONDENTS-APPELLANTS-RESPONDENTS, ET AL.,
RESPONDENTS. Petitioner having moved, and appellants having cross-moved, for an extension of time to perfect the appeals and cross appeal 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, PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA,
JJ. |
August 12, 2008, the notice of cross 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 petitioner shall perfect the cross appeal on or before December 10, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered June 17, 2008 is hereby amended by deleting the date August 15, 2008 and inserting in its place the date November 10, 2008.
Entered: September 10, 2008
JoAnn M. Wahl, Clerk