| JOHN LEONE, AND LEONE CONSTRUCTION, INC. V PETER GERACE, SR., DONALD PARRINO, AND PHARAOHS GC, INC. |
| Motion No: CA 08-01960 |
| Slip Opinion No: 2008 NYSlipOp 85830(U) |
| Decided on October 6, 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 08-01960
| JOHN LEONE, AND LEONE CONSTRUCTION, INC.,
PLAINTIFFS-APPELLANTS, V PETER GERACE, SR., DONALD PARRINO, AND PHARAOHS GC, INC.,
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 January 22, 2008,
Now, upon reading and filing the affidavit of R. Anthony Rupp, III sworn to September 18, 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 and appellants shall perfect the appeal on or before December 22, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 6, 2008
JoAnn M. Wahl, Clerk