| STEVEN RACZKA, AND DIANE RACZKA V DAVID F. RAMIREZ ANDREW C. BRIND'AMOUR, SANDRA BRIND'AMOUR, ELLICOTT CREEK |
| Motion No: CA 09-00107 |
| Slip Opinion No: 2009 NY Slip Op 70392(U) |
| Decided on April 21, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00107
| STEVEN RACZKA, AND DIANE RACZKA, PLAINTIFFS-APPELLANTS, V
DAVID F. RAMIREZ, DEFENDANT, ANDREW C. BRIND'AMOUR, SANDRA BRIND'AMOUR, ELLICOTT CREEK CONSTRUCTION, INC., ALLIED BUILDERS,
INC., J & M DISTRIBUTING CO., INC., DOING BUSINESS AS CERTO BROTHERS DISTRIBUTING COMPANY,
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 August 4, 2008,
Now, upon reading and filing the affirmation of Debra A. Norton dated April 3, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Neil R. Sherwood sworn to April 13, 2009, the opposing affirmation of Kevin E. Loftus dated April 8, 2009, the opposing affirmation of Joseph A. Matteliano dated April 15, 2009, the opposing affirmation of Dennis P. Glascott dated April 15, 2009, the reply affirmation of Debra A. Norton dated April 17, 2009, 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 February 3, 2009 is hereby amended by deleting the date April 3, 2009 and inserting in its place the date June 3, 2009.
Entered: April 21, 2009
Patricia L. Morgan, Deputy Clerk