NIAGARA MILK COOPERATIVE, INC. V THOMAS J. KRENZER, LEON F. PERRY, LEON G. PERRY, DAVID R. PERRY, DOUGLAS KELKENBERG
Motion No: CA 10-00999
Slip Opinion No: 2010 NY Slip Op 73834(U)
Decided on May 28, 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.


May 28, 2010

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

DOCKET NO. CA 10-00999

NIAGARA MILK COOPERATIVE, INC., PLAINTIFF-RESPONDENT,

V

THOMAS J. KRENZER, LEON F. PERRY, LEON G. PERRY,

DAVID R. PERRY, DOUGLAS KELKENBERG,

DWIGHT AND RENEE DARLING, DEFENDANTS, AND

GEORGE DAIRY FARMS, INC., DEFENDANT-APPELLANT.


Appellant George Dairy Farms, Inc. 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 July 21, 2009,

Now, upon reading and filing the affirmation of John J. Keenan, Esq. dated May 6, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before July 27, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 28, 2010

Patricia L. Morgan, Clerk