| KEVIN M. KING AND SHARON A. KING, V D.R. CHAMBERLAIN CORPORATION AND FRANKLIN G. DOWNING, . KEVIN M. KING AND SHARON |
| Motion No: CA 10-00050 |
| Slip Opinion No: 2010 NY Slip Op 61985(U) |
| Decided on January 12, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00050
| KEVIN M. KING AND SHARON A. KING,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V D.R. CHAMBERLAIN CORPORATION AND FRANKLIN G. DOWNING,
DEFENDANTS-APPELLANTS-RESPONDENTS. KEVIN M. KING AND SHARON A. KING, PLAINTIFFS-RESPONDENTS-APPELLANTS, V D.R.
CHAMBERLAIN CORPORATION, FRANKLIN G. DOWNING, F.G. DOWNING DEVELOPMENT, INC. D/B/A TOWNE BMW, F.G. DOWNING TOWNE AUTOMOTIVE
GROUP, ET AL. DEFENDANTS-APPELLANTS-RESPONDENTS. |
Appellant D.R. Chamberlain Corporation having moved for an extension of time to perfect, and appellants Kevin M. King and Sharon A. King having cross-moved to extend their time to perfect, the appeals taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 3, 2009,
Now, upon reading and filing the affidavit of Wendy A. Scott and Edward J. Markarian sworn to December 29, 2009 and January 6, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Edward J. Markarian sworn to January 6, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted and appellants shall perfect their respective appeals on or before March 12, 2010, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: January 12, 2010
Patricia L. Morgan, Clerk