RAYMOND CRISSMAN AND MARY ANN CRISSMAN V ERIEZ CONSTRUCTION, INC., SUED HEREIN AS ERIES CONSTRUCTION COMPANY, INC., AND

RAYMOND CRISSMAN AND MARY ANN CRISSMAN V ERIEZ CONSTRUCTION, INC., SUED HEREIN AS ERIES CONSTRUCTION COMPANY, INC., AND

Motion No: CA 09-02230

Slip Opinion No: 2009 NY Slip Op 89045(U)

Decided on November 16, 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.

November 16, 2009

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

DOCKET NO. CA 09-02230

RAYMOND CRISSMAN AND MARY ANN CRISSMAN,
PLAINTIFFS-APPELLANTS,
V
ERIEZ CONSTRUCTION, INC., SUED HEREIN AS
ERIES CONSTRUCTION COMPANY, INC., AND
ARCON MANAGEMENT, 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 Chautauqua on January 5, 2009,

Now, upon reading and filing the affidavit of John A. Collins sworn to October 30, 2009, 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 January 15, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 16, 2009

Patricia L. Morgan, Clerk