JOSEPH J. ARIENO, EVA M. NASIADKA, PAMELA K. LARKIN-HAYES, KATHLEEN WRIGHT-BLAKE, MARGARET ELLIS-POLK, PAMELA L. ERVIN
Motion No: CA 08-01916
Slip Opinion No: 2009 NYSlipOp 60278(U)
Decided on January 5, 2009
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.


January 5, 2009

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

DOCKET NO. CA 08-01916

JOSEPH J. ARIENO, EVA M. NASIADKA, PAMELA K. LARKIN-HAYES,

KATHLEEN WRIGHT-BLAKE, MARGARET ELLIS-POLK, PAMELA L.

ERVIN, ARNOLD M. LABARBERA, AND

TODD E. EGGERT, PLAINTIFFS-APPELLANTS,

V

SWB FUNERAL SERVICES, INC. DOING BUSINESS AS PROFETTA

FUNERAL HOME CHAPEL, SCOTT W. BATIER,

DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.


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 Monroe on May 12, 2008,

Now, upon reading and filing the affidavit of David H. Charlip sworn to December 19, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Andrew P. Keaveney dated December 24, 2008, 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 October 8, 2008 is hereby amended by deleting the date December 22, 2008 and inserting in its place the date January 12, 2009.

Entered: January 5, 2009

JoAnn M. Wahl, Clerk