| Johnson v Kapila |
| Motion No: CA 09-02508 |
| Slip Opinion No: 2009 NY Slip Op 92218(U) |
| Decided on December 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 09-02508
| WARREN D. JOHNSON, JR., WARREN D. JOHNSON, SR., JEFFREY JOHNSON, MARK
JOHNSON, PATRICIA WELLSPEAK, JERRY P. LINKOUS, CHASE W. JOHNSON AND CHRISTIAN JOHNSON, PLAINTIFFS-APPELLANTS, V
SONEET R. KAPILA, INDIVIDUALLY AND AS TRUSTEE IN BANKRUPTCY, AND PATRICK S. SCOTT, INDIVIDUALLY AND AS COUNSEL TO THE TRUSTEE,
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 Orleans on February 5, 2009,
Now, upon reading and filing the affirmation of James Ostrowski dated December 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Earl K. Cantwell, II sworn to December 9, 2009, the opposing affirmation of John K. Rottaris dated December 15, 2009, 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 February 19, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 21, 2009
Patricia L. Morgan, Clerk